RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. George Philips, C.A. No. T09-0036 Radar Calibration

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Following State of Rhode Island v. Sprague, 322 A.2d 36, 36 (R.I. 1974), the Court held that an officer must be trained to use a radar gun and the gun must have been calibrated within a reasonable time. Here, the officer testified that he had been trained to use a radar gun in the Academy and that his radar gun had been calibrated three months prior to issuing the citation. Accordingly, the Panel affirmed the decision of the trial court sustaining the charge against the defendant.

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