Analysis/Commentary:  This case arose out of a criminal traffic infraction hearing on a negligent driving 2^nd degree charge.  Mr. Magee represented himself through all stages of the case. 

            At the hearing the trooper testified using inadmissible hearsay because the trooper did not see Mr. Magee drive the car.   Mr. Magee testified that he did in fact drive the wrong way on the onramp, using his signals and then parking off the highway.   The COA found that there was an error in admitting the hearsay evidence; however, Mr. Magee failed to show prejudice because he himself admitted to driving the wrong way. 

            Mr. Magee then argued that there was insufficient evidence to prove negligent driving 2^nd when the evidence was that he did drive the wrong way on the onramp.  The COA disagreed, finding that driving the wrong way on a road, even if it is an onramp endangered people.

            Mr. Magee lastly argued that his due process rights were violated because the court did not review for a deferred finding or dismissal with costs.  The record indicated that he received notice of this possibility in a letter the court sent him outlining the procedure and that the court lacked authority to assess costs unless Mr. Magee was convicted.  A court may not defer a finding or condition that the defendant pay costs it has no authority to impose and failing to do this did not violate due process. 

            Ahhhh, if only Magee had not testified.