Ferguson v. State

Harvey Ferguson was found guilty of speeding and now appeals, bringing several enumerations of error. After reviewing the record, we conclude there was no reversible error, and affirm. Ferguson was charged with driving 50 miles per hour in a 35 mile per hour zone and pled not guilty. He represented himself at a bench trial in city court. The evidence at trial was that on the day in question, the arresting City of Atlanta police officer was stationed at an approved location for operating stationary speed detection devices. The officer said that he was using a ProLaser II, he was visible at a distance of more than 500 feet, and the street had a grade of less than seven percent. The officer stated that before he activated the radar, he visually estimated Ferguson’s speed at approximately 50 miles per hour. The officer testified that the road was level at the point where the radar was used to measure Ferguson’s speed.

1. In his first enumeration of error, Ferguson claims the court erred when it found the grade of the road at issue to be below seven percent. OCGA § 40-14-9 provides that “no speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent.” The burden of proof on this issue is on the State. Carver v. State , 199 Ga. App. 842 406 SE2d 236 1991.