Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Following State v. Sprague, 322 A.2d 36 (R.I. 1974), the Court held that the officer’s testimony that the radar unit had been calibrated before his shift and of his training for use of a radar unit in 2004 was sufficient to sustain the charge against the defendant. Furthermore, the defendant’s contention that an officer must be trained on the specific radar unit used for the citation and that the radar unit must have been calibrated on a moving object are not supported by Sprague, or any other law. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.
State of Rhode Island v. Francisco Melo, C.A. No. T09-0012 Radar Calibration
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
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- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
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- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
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- Summons
- Sworn Report
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- Trial Judge's Findings of Facts
- Traffic Violations
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- Airport Regulations
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- Bailee Plates
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- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
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- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
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- Identification
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- Inspection Laws
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- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
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- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
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- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
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- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
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- Toll Violation
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- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions