RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Michael Hersey C.A. No. T12-0081 Trial Procedure

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant claimed that the evidence of calibration was not properly submitted at trial because the calibration sheet was not marked for identification and was not introduced as a full exhibit. Further, the calibration sheet was handed to the judge after the defendant’s objection. It is mandatory that the calibration sheet be entered into evidence in order to prove a violation of speeding. See State v. Mancino, 115 R.I. at 54, 340 A.2d 128 (R.I. 1975). Here, the Appeals Panel concluded that the calibration sheet was not properly admitted into evidence. Accordingly, the decision of the trial judge was clearly erroneous as it was made upon unlawful procedure. Consequently, the Appeals Panel dismissed the violation.

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