Wise v. State

McMurray, Presiding Judge.

Defendant was charged via Uniform Traffic Citation (“UTC”) with speeding, in violation of OCGA § 40-6-181, by driving “96 MPH in a 55 zone.” The trial court conducted a bench trial and found defendant guilty of speeding by driving 88 mph in a 55 mph zone. The only evidence supporting this conviction is the arresting officer’s opinion testimony that defendant “was going at least 90, high 80’s, low 90’s.” Defendant filed this appeal after entry of his judgment of conviction and sentence. Held:

Citing State v. Rustin, 208 Ga. App. 431 (430 SE2d 765), defendant’s sole…