08/08/2013
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Defendant argued that she was driving at a low speed and that the Officer must have clocked another driver traveling in close proximity to her as the vehicle that was exceeding the posted speed limit. The Panel noted that an officer must be trained to use a radar device and the device must have been calibrated within a reasonable time. Here, the officer testified that he had been trained in the use of a radar device at the Academy and that his radar device had been calibrated both internally and externally on the day the citation was issued. Further, the Panel noted that the trial judge found the Officer’s testimony credible, despite his testimony that he could not recall if there were other vehicles in proximity to defendant’s at the time. Accordingly, the Appeals Panel affirmed the decision of the trial court sustaining the violation against the defendant.
Town of Barrington v. Shirley Thurber, C.A. No. T13-0013 (August 8, 2013).pdf