RI District Court and Traffic Tribunal Case Law

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City of East Providence v. Margarida DaSilva, M16-0002amended (February 13, 2017)

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 radar device was not calibrated in a reasonable time, as the radar was calibrated nine months prior to Defendant’s traffic stop. In State v. Sprague, 322 A.2d 36 (R.I. 1974), the RI Supreme Court held that “operational efficiency” of the radar device must be “tested within a reasonable time.” The East Providence Police Department, like many other Rhode Island Police Departments, requires yearly calibrations. In Town of Smithfield v. Connole, CA No. T13-0066, 13411501398 (Sept. 3, 2014), the Appeals Panel held that it was reasonable to assume that police departments promulgate internal procedures for radar certification and calibration to ensure that the machines are working properly. Therefore, the Appeals Panel held that yearly calibration meets the “reasonable time” test in Sprague. Accordingly, the trial court’s decision was affirmed.

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