09/08/2016
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (“prima facie limits”). Defendant argued that the officer’s testimony that the radar gun “was calibrated prior to, during, and after the stop,” standing alone, was not sufficient to establish that the radar was calibrated properly. Following State v. Sprague, 322 A.2d 36 (R.I. 1974), the Appeals Panel held that the testimony was sufficient to establish that the officer had been trained to use a radar unit and that the radar unit had been properly calibrated. Accordingly, the trial court’s decision was affirmed.
State of Rhode Island v. Andrew Lowell, No. T15-0035 (September 8, 2016).pdf