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FARID v. The STATE.
Following a bench trial, Luqman Farid was convicted of DUI, speeding, and failure to maintain lane. He appeals, arguing that the traffic stop was illegal and that the trial court should have granted his motion to suppress the evidence gathered as a result. We discern no error and affirm.
When this court reviews the trial court's decision on a motion to suppress, the evidence is construed most favorably to uphold the findings and judgment of the trial court; the trial court's findings on disputed facts and credibility are adopted unless they are clearly erroneous and will not be disturbed if there is any evidence to support them. Hudson v. State, 253 Ga.App. 210, 558 S.E.2d 420 (2001). Facts and credibility were disputed here.
At the hearing on the motion to suppress, the arresting officer testified that he stopped Farid because he estimated Farid's vehicle was traveling between 72 and 77 mph in a 55-mph zone. The officer then confirmed his estimation by radar, which indicated a speed of 78 mph.
Farid argues that the State (1) did not lay the proper foundation for the admission of the radar results and (2) failed to tender the officer as an expert since the State tied the estimate of speed to the officer's training in speed estimation. Even assuming that the radar results were inadmissible, opinion testimony of an eyewitness may be used to establish speed. Green v. State, 239 Ga.App. 617, 618(1), 521 S.E.2d 441 (1999); see Stone v. State, 257 Ga.App. 492, 493(1), 571 S.E.2d 488 (2002). Moreover, we find no authority requiring that an officer be offered as an expert simply because the officer testifies as to his training in the visual estimation of speed. See Salazar v. State, 256 Ga.App. 50, 51(2), 567 S.E.2d 706 (2002). Thus, the trial court did not err in denying the motion to suppress.
Judgment affirmed.
MILLER, Judge.
BLACKBURN, C.J., and JOHNSON, P.J., concur.
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Docket No: No. A02A2008.
Decided: November 18, 2002
Court: Court of Appeals of Georgia.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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