05/22/2009
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Following State v. Sprague, 322 A.2d 36 (R.I. 1974), the Court held that the officer’s testimony that the radar unit had been calibrated before his shift and of his training for use of a radar unit in 2004 was sufficient to sustain the charge against the defendant. Furthermore, the defendant’s contention that an officer must be trained on the specific radar unit used for the citation and that the radar unit must have been calibrated on a moving object are not supported by Sprague, or any other law. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.State of Rhode Island v. Francisco Melo, C.A. No. T09-0012 (May 22, 2009).pdf