08/06/2018
Defendant appealed a decision of the trial judge sustaining a violation of G.L. 1956 § 31-14-2 (prima facie limits). Defendant set forth a witness credibility argument and a due process argument. The Appeals Panel rejected both of those arguments, but held that the record did not contain sufficient evidence to establish the requirements established in State v. Sprague, 322 A.2d 36 (R.I. 1974). Pursuant to the holding in Sprague, the testifying officer must state that the radar unit was tested within a reasonable time by an appropriate method, and the officer must set forth his training and experience in the use of a radar unit. Pursuant to Sullivan v. City of Woonsocket, A.A. No. 16-69 (November 10, 2016), those same rules apply when the speed measuring device is a laser. Here, the testifying officer failed to satisfy either of the Sprague requirements. Accordingly, the Appeals Panel reversed the decision of the trial judge.
City of Pawtucket v. Diane Assante, No. M18-0005 (August 6, 2018).pdf