O.C.G.A.

O.C.G.A. § 40-14-5 (2019)

Testing of radar devices; removal of inaccurate radar devices from service; maintenance of testing log and independent calibration tests of automated traffic enforcement devices

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Each state, county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer’s recommended procedure. Any radar unit not meeting the manufacturer’s minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4. (b) Each county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4. (c)(1) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device provided for under Code Section 40-14-18 shall maintain a log for the automated traffic enforcement safety device attesting to the performance of such device’s self-test at least once every 30 days and the results of such self-test pertaining to the accuracy of the automated traffic enforcement safety device. Such log shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18. (2) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device shall perform an independent calibration test on the automated traffic enforcement safety device at least once every 12

months. The results of such calibration test shall be admissible in any court proceeding for a violation issued pursuant to Code Section

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1990–2026 · leading case: Carver v. State, 430 S.E.2d 790 (Ga. Ct. App. 1993).

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Carver v. State, 430 S.E.2d 790 (Ga. Ct. App. 1993). · cites it 16× “" While defendant's "Enumeration of Errors" is not well pled, a liberal reading of defendant's "Enumeration of Errors" and a review of his appellate brief makes it clear that defendant challenges on appeal the sufficiency of the evidence and the admissibility of the radar test…”

Segel v. State, 667 S.E.2d 670 (Ga. Ct. App. 2008). · cites it 2× “Pursuant to OCGA § 40-14-5 (b), each county law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for…”

Quinn v. State, 506 S.E.2d 890 (Ga. Ct. App. 1998). · cites it 4× “Defendant’s right to test the patrol officer’s radar speed detector appears to be limited to OCGA § 40-14-5 (b)’s on-the-scene accuracy test.”

Hennings v. State, 512 S.E.2d 357 (Ga. Ct. App. 1999). · cites it 2× “Hennings’ first enumeration is that the court erred in denying her motions in limine and to suppress seeking to exclude Dodson’s observations of her and her statements to him because the stop was unlawful, based on failure to show compliance with OCGA § 40-14-5 et seq., the…”

Carver v. State, 401 S.E.2d 300 (Ga. Ct. App. 1990). · cites it 4× “On appeal from his conviction of speeding, the appellant contends that the state should not have been permitted to introduce evidence concerning the use of a radar device to check his speed, due to the arresting officer’s asserted failure to comply with the following italicized…”

Charles Brown v. State (Ga. Ct. App. 2019). · cites it 10× “Brown next argues that the trial court should not have admitted the laser detection evidence without proof that the officer tested the laser device at the beginning and end of his “duty tour” as required by OCGA § 40-14-5. Assuming that this statute even applies to laser…”

Shaquez Wilkerson v. State (Ga. Ct. App. 2026). · cites it 6× “More specifically, Appellant argues that OCGA § 40-14-5 -- which requires that a “radar” speed detection device be tested for accuracy and that such result be maintained by the testing authority, see OCGA § 40-14-5 (a) -- creates “statutory prerequisites [that] become an…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.