Freeland v. State

Judge Harold R. Banke.

Jerry Dale Freeland was convicted of driving under the influence, driving with an unlawful alcohol concentration, and speeding. On appeal, he enumerates two errors, challenging the denial of his motion to suppress and alleging a fatal variance between the accusation and the evidence on the speeding charge.

The record shows that while Officer J. S. Clayton, an eight-year veteran of the DeKalb County Police Department, was conducting a stationary radar operation on Chamblee-Tucker Road, he stopped Freeland for traveling 54 mph in a 40-mph zone. Clayton admitted that when he…