Credibility

Defendant appealed the decision of the trial magistrate sustaining the charged violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits).  The defendant argued that because he was travelling so close to other vehicles, the Trooper could not prove that her radar unit was able to distinguish between his vehicle and the others.  At trial, the Trooper testified that she was certain that her radar unit recorded the Defendant’s vehicle because she observed Defendant’s vehicle moving faster than the others and the radar unit picks up the fastest moving vehicle in its scope.  The Trooper then testified to her training in the use of radar, and testified that the radar unit had been calibrated before and after her shift on the day of the violation.  The Panel held that the Trooper’s testimony satisfied the factors for admissibility of radar readings set forth in State v Sprague, 322 A.2d 36 (1974), and that it would not substitute its judgment for that of the trial magistrate when it comes to credibility of witnesses.  Accordingly, the Panel sustained the charged violations.

State of Rhode Island v. Richard Ferreira, C.A. No. T10-0021 (June 16, 2010).pdf