Radar/Laser Calibration

Defendant appealed a Trial Magistrate’s decision sustaining the charged violation of “G.L. 1956 § 31-14-2, “Speeding 11+ MPH in excess of posted speed limit – 1st offense.” At trial a Sergeant for the Rhode Island State Police testified that he was stationed at a radar post enforcing traffic. He noticed there were two vehicles fast approaching in the “high-speed lane” and activated his “dash-mounted radar unit.” He also testified that the radar had been “checked ‘prior to and after [his] shift, and found to be in good working order.” He further testified that he had been trained twice on how to use the radar. The radar indicated that the defendant had been going 112 mph on a 55-mph speed limit. The defendant argued, citing Houle v. Rhode Island, A.A. No. 19-58 (D.R.I. January 25, 2021), that the Sargent’s testimony was insufficient to show that the radar had been properly calibrated because there was no evidence presented that an external calibration of the radar had occurred. The trial court rejected that argument, declaring that it did not consider itself bound by decisions of the District Court.

The Appeals Panel upheld the trial court’s decision, including the proposition that the court is bound only by decisions made by the Rhode Island Supreme Court. The Appeals Panel held that the requirements set out in State v. Sprague, 322 A.2d 36, 39-40 (1974), had been met as evidence showed that the radar had been checked for operational accuracy and that Sprague does not require proof of external calibration of the radar. Due to this reasoning, the Appeals Panel affirmed the trial court’s decision sustaining the charge.   

 State of Rhode Island v. Ryan Warzeka, No. T21-0017 (February 24,2022).pdf