ILLEGAL Speeding Tickets

Ken Parks, Examiner Reporter/Photographer

Johns Creek – The Johns Creek Police Department personnel are using a speed detection device that is illegal. This was recently discovered in subpoenaed documents for a trial in the Johns Creek Municipal Court.

The discovered documents, Certification of Accuracy and Calibration (COA) and the ProLaser III Log, show that the speed detection device has not been calibrated for accuracy in the time span required by Georgia law. And the out-of date document shows that the technician who performed the testing and calibration was not certified by the Georgia Department of Public Safety (GDPS)

The Johns Creek PD ProLaser III Log shows that one of the police officers had issued 77 citations for speeding with the speed detection device in question from August 16 through October 12, 2010. On one particular day, the same police officer issued 16 citations.

In the trial before Judge Donald Schaefer, these documents were not revealed because the defendant was found “not guilty” through a legal technicality. The prosecution allowed the police officer to testify that he had used the questionable speed detection device to record the defendant going 62 MPH in a 45 MPH zone. The defendant, representing himself, objected, “The prosecution has failed to establish proper foundation.”

Both the police officer and the defendant were asked to approach the bench. The Judge, with the reading and request by the defendant, determined that Georgia Code OCGA § 40-14-17 and case law was applicable. A certified copy of all approved speed detection devices through GDPS was required to be submitted as evidence prior to the police officer's testimony. The defendant also pointed out to the Judge that because of the failure to establish proper foundation, the testimony of the police officer was inadmissible. This was also based upon several case laws through Georgia Appellate Courts. Consequently, there was no legal evidence to show that the defendant was speeding

The defendant was found “not guilty.”

Under OCGA § 40-14-4, the speed detection device, once placed in service, must be annually tested for accuracy and calibration. The COA shows that the date of certification of the ProLaser III was June 16, 2009 and the technician was not certified by the Georgia Department of Public Safety.

All 88 citations issued from August 16 through October 12, 2010 are considered illegal in a court of law, most of which were issued by one particular police officer.

BTW, the defendant Pro se is the author of this blog, Ken Parks. And this is one of many cases that he has won as Pro se or representing himself. Some people have stated, "Ken, you've missed your calling. You should have been a lawyer."