168 Ga. App. 51 | Ga. Ct. App. | 1983
Appellant appeals his conviction of the offense of traveling too fast for conditions. In this regard, two enumerations of error are cited.
(1) Appellant first assigns error to the trial court’s denial of his motion for directed verdict of acquittal on one count of traveling too fast for conditions based upon an asserted insufficiency of the state’s evidence. In pertinent part, OCGA § 40-6-180 (Code Ann. § 68A-801) provides: “No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at reasonable and prudent speed... when special hazards exist with respect to pedestrians or other
(2) Appellant next challenges the trial court’s failure to grant his motion for new trial on the basis that the charge to the jury on traveling too fast for conditions was not supported by the evidence. For the reasons stated in Division 1, we find no error either in the charge itself or in the trial court’s authorization for giving it. Moreover, contrary to appellant’s argument, the lack of evidence as to the speed of appellant’s vehicle does not preclude the jury’s instruction on this point. Even assuming that appellant was traveling within the posted speed limit prior to and at the time of the collision, the propriety of the charge is unaffected. Cohran v. Douglasville Concrete Prods., Inc., 153 Ga. App. 8 (2) (264 SE2d 507) (1980).
Judgment affirmed.