Speeding

The Defendant appealed the trial judge’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Defendant argued that the Officer’s testimony did not satisfy the standard set forth in State v. Sprague, 322 A.2d 36 (R.I. 1974). Specifically, the Defendant argued that Sprague should be read to require that the prosecution introduce evidence describing the method used to calibrate the radar device and evidence showing that the operational efficiency of the device was certified on an annual basis. The Panel held that the Defendant’s arguments were unavailing because Sprague does not speak of such requirements. Accordingly, the Panel upheld the trial judge’s decision to sustain the charged violation.

State of Rhode Island v. George Philip, C.A. T08-0126 (November 19, 2008).pdf