RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Michael Hersey C.A. No. T12-0081 Radar Calibration

Defendant appealed a decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant claimed the decision of the trial magistrate was clearly erroneous in light of the reliable, probative, and substantial evidence on the record because evidence of calibration was not properly submitted at trial. The Appeals Panel found that the requirements set forth in State v. Sprague, 322 A.2d 36 (R.I. 1974), were not satisfied because the officer did not testify as to the calibration of the radar, speedometer, or odometer units or to his training and experience in the operation of the units. Accordingly, the Appeals Panel dismissed the charge against the defendant.

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