County Traffic Court: TRAFFIC INFRACTIONS – Record supported trial court’s determination that defendant was guilty-officer need not testify-sufficient that opposing driver testified. The trial court is justified in relying on eyewitness testimony. Judgment and sentence affirmed. Benson v. State, No. 0503433CFAES (Fla. 6th Cir. App. Ct. December 29, 2005).

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY

APPELLATE DIVISION

 

 

BRETT A. BENSON,  

            Appellant, 

 

v.                                                                                             Case No: 0503433CFAES

 

 

STATE OF FLORIDA,  

            Appellee. 

__________________________________________/

 

Appeal from Honorable Debra Roberts

 

G. Tiny Geiger, Esq.

Attorney for Appellee

           

No appearance by the State

 

ORDER AND OPINION

 

            This matter came before the court on appellant's appeal from a judgment entered by the Pasco County Court.  This Court affirms the decision of the County Court.

            Petitioner was charged by citation with 'Violation of Traffic Control Device' in violation of FS 316.075(1)(c), subsequent to a motor vehicle accident. The opposing party and the investigating officer were both present at trial. The investigating officer, having lost his report during an agency transfer, did not testify.  Benson, through counsel, requested dismissal of information due to lack of probable cause. That motion was denied and this appeal followed. [1]

              Appellant argues that because the officer did not testify, the court could not find reasonable and probable grounds to make an arrest.  This is simply not true. In this case, the opposing driver did testify.  The trial court is justified in relying on eyewitness testimony.

             IT IS THEREFORE ORDERED that the judgment is affirmed.

            DONE AND ORDERED in Chambers at New Port Richey, Pasco County, Florida this __ day of  December, 2005.

 

                                                                                    ___________________

                                                                                    W. Lowell Bray, Circuit Judge

                                                                                    Primary Appellate Judge

 

                                                                                   

                                                           

                                                                                    __________________

                                                                                    Daniel D. Diskey

                                                                                    Circuit Judge

 

                                                                                    ______________________

                                                                                    Stanley R. Mills

                                                                                    Circuit Judge

Copies to:

G. Tiny Geiger, Esq.

Office of the State Attorney

           

 

 



[1] There is no record of the proceedings below.  Counsel attached his version of the events but there was no stipulation of the facts.