Georgia Special

 

Georgia Special

Georgia has full Judicial notice as to laser. You can not use the Judicial Notice defense here. However Georgia has a few goodies for you. Use the case Laws tab and go to Georgia read  and print the case laws.

 

If requested the prosecution must present in court a list of all laser devices approved in the State. If they don't have it the case must be dismissed. "Officer, please present a list of all approved laser devices for Georgia as per Georgia Code 40-14-17." If he fails then: " Your honor, the high courts in Georgia have ruled that failure to present this list at trial requires dismissal". You should have handed him all the Georgia case law at beginning of the trial.

 

If the officer did not test the equipment after the arrest: " Your Honor, Georgia Code 40-14-5 requires any speed measuring unit to be tested before and after the arrest. Failure to do so mandates an acquittal. Defendant motions for Acquittal."

 

The prosecution must provide if asked for, certification that the unit was tested at a facility approved to do so within a one year period of time. If such document is not produced or if the period is more then one year the case must be dismissed. You know what to do - ask for it - use the Verification Defense if the have it - and motion for dismissal.

 

Georgia Code:


40-14-17.
Evidence of speed based on a speed detection device using the speed timing principle of laser which is of a model that has been approved by the Department of Public Safety shall be considered scientifically acceptable and reliable as a speed detection device and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state. A certified copy of the Department of Public Safety list of approved models of such laser devices shall be self-authenticating and shall be admissible for all purposes in any court, judicial, or administrative proceedings in this state.

 
40-14-5.
(a) Each state, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer´s recommended procedure.