THE Defendant, pursuant to Georgia Code 40-14-6 , moves the Court to suppress all evidence seized as a result of an unlawful search and seizure. Georgia Code 40-14-6 clearly states that for any law enforcement agency to legally use speed detection devices, a sign that is at least 24X30 inches must be erected at the county and/or municipality boundary. The sign must state that speed detection devices are being used. No such sign exists on the route the defendant took the day the defendant received the citation. Hence, any evidence collected with a speed detection device should be suppressed at trial due to the fact that such evidence was collected illegally.
The defendant had a witness drive this route that stopped and took pictures to demonstrate to the Court that no such signs exist. The pictures and a sworn notarized affidavit are attached to this motion and shall be considered part of said motion.
Let it also be noted that the government was also in violation of Georgia Code 40-14-7 and 40-14-5. 40-14-7 states that the patrol vehicle must not be obstructed from view of approaching vehicles. The concrete barrier in the roadway median did cause a partial obstruction. 40-14-5 requires the officer to notify the defendant that they have the right to request a test of the speed detection device to determine accuracy. No such notification was given.
Without evidence from the speed detection device, illegally used by the officer, the State has no evidence. Therefore, the Defendant further moves that this case be dismissed.
I CERTIFY that a copy of this Motion to Suppress Physical Evidence and DISMISS has been hand-delivered to the Office of the Houston County Solicitor General’s Office, 201 North Perry Parkway Perry, Georgia 31069, on March XX, 2023.
Respectfully submitted,
Angela Michele Ethredge
Defendant
1644 Bass Rd. #2228
Macon, Georgia 31210
478.808.2877