06/26/2009
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Appeals Panel held that evidence of the citing officer’s training and experience in the use of a radar unit was required pursuant to State v. Sprague, 322 A.2d 36 (R.I. 1974). Here, there was no such testimony or other evidence on the record. Accordingly, the Court reversed the trial magistrate’s decision and remanded with instructions to dismiss the violation of § 31-14-2.
City of East Providence v. Cleo Graham, C.A. No. M09-00031 (June 26, 2009).pdf