RI District Court and Traffic Tribunal Case Law

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John Duffy v. State of Rhode Island, A.A. No. 03-34 Radar Calibration

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Court held that there is no six-month time period in which the accuracy of radar units must be certified. Furthermore, where the officer testified to his training and experience with radar units and that a tuning fork test had been performed on the radar unit the day it was used, there was sufficient evidence to sustain the charge against the defendant. Accordingly, the Court affirmed the decision of the trial court sustaining the violation of § 31-14-2.

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