Radar/Laser Calibration

Defendant appealed the decision of the Johnston Municipal Court sustaining the violation of R.I.G.L. § 13-14-2 (prima facie limits). The Appeals Panel held that the trial magistrate’s decision was affected by error of law and was clearly erroneous because, pursuant to State v. Sprague, 322 A.2d 36 (R.I. 1974), the officer did not provide sufficient evidence that he was trained and had experience in the use of a radar unit. The Court held that when the officer was asked whether he was trained with a radar unit, the reply “yes I am” was not sufficient evidence to show that the officer possessed the necessary “training and experience in the use of a radar unit” as required by Sprague. Accordingly, the Court reversed the trial magistrate and remanded with instructions to dismiss the violation of § 13-14-2.

Town of Johnston v. Lucretia Lynn Perry, C.A. No. M09-0010.pdf