Speeding

Defendant appealed the trial magistrate’s decision sustaining the charged violation of R.I.G.L. 1956 § 31-14-2(a) (prima facie limits).  Defendant argued that he was traveling at a reasonable speed and that because the Trooper could not recall how many vehicles were in vicinity of Defendant at the time the Trooper observed his vehicle, the violation should be dismissed.  The Panel noted that the Trooper was adamant in his testimony that he was certain the vehicle he recorded by radar was the Defendant’s vehicle.  The Trooper testified that the radar unit was calibrated before and after his shift on the day the citation was issued.  The Panel noted that the trial judge properly credited the Trooper’s testimony over that of Defendant and properly determined that it was irrelevant that the Trooper could not recall how many vehicles were driving in the vicinity of the Defendant’s vehicle when he determined the motorist’s speed.  Accordingly, the Panel sustained the charged violation.

State of Rhode Island v. Wolfhard Anim, C.A. No. T13-0006 (June 13, 2013).pdf