Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Defendant did not deny that he exceeded the speed limit, but argued that trees were obstructing his view of the speed limit sign. Defendant further argued that the stop was unwarranted because he was being targeted by the Bristol Police for brining his passenger home after her parents filed a missing person report. Following State v. Sprague, 322 A.2d 36, 36 (R.I. 1974), the Panel explained that an officer must be trained to use a radar device and the device must have been calibrated within a reasonable time. Here, the officer testified that he had been trained in the use of a radar device at the Academy and that his radar device had been calibrated both internally and externally. The Panel held that the defendant’s arguments were irrelevant to proving or disproving the elements of the charged violation. Accordingly, the Panel affirmed the decision of the trial court sustaining the violation.
Town of Bristol v. Allen P. Carpenter, C.A. No. M11-0023 (March 23, 2012) Speeding
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
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- Double Charging
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- Identifying the Defendant
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- Preliminary Suspension
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- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
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- Trial Judge's Findings of Facts
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- Care in Starting from Stop
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- Commercial Motor Vehicle Violation
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- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
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- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
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- Judicial Notice
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- Laned Roadway Violation
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- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
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- Open Container
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- Operation by person other than Lessee
- Overtaking on Right
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- Parking or Stopping Prohibited
- Parties to an Offense
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- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
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- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions