Speeding

The Defendant appealed the trial judge’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-14-2(a) (prima facie limits). The Defendant argued that the trial judge’s decision was not supported by evidence because the Officer did not testify that the radar unit was externally calibrated on the date at issue and the Certification Document was not sufficient to meet the standard in State v. Sprague, 322 A.2d 36 (R.I. 1974). The Panel held that Sprague does not require radar units be tested externally, but rather that they be tested by “an appropriate method within a reasonable time.” The Panel held that because the Officer testified that the radar unit calibrates when turned on and was in good working condition, and because a calibration certification had been entered into evidence, there was sufficient evidence that the device was tested by an appropriate method in a reasonable time. Accordingly, the Panel upheld the trial judge’s decision to sustain the violation.

Town of Westerly v. Daniel A. Buck, C.A. No. M14-0023 (March 4, 2015).pdf