Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Readding

Decided: May 31, 1978.

STATE OF NEW JERSEY, PLAINTIFF,
v.
GEORGE READDING, DEFENDANT



Porreca, J.c.c. (temporarily assigned).

Porreca

Defendant was convicted in the Vineland Municipal Court for operating his motor vehicle at 63 m.p.h. in a 50 m.p.h. zone, in violation of N.J.S.A. 39:4-98. This appeal was heard de novo on the transcript of the proceedings below, pursuant to R. 3:23-8(a).

On December 3, 1977 defendant was travelling north on Lincoln Avenue in the City of Vineland when he was clocked travelling 63 m.p.h. in a 50 m.p.h. zone. Proof of defendant's speed was obtained by the use of a Doplar radar speed gun operated by a Vineland patrolman. At the trial in the municipal court the officer produced a certificate of competency with this device issued by the manufacturer.

Defendant contends, among other things, that the State has failed to adequately establish the accuracy of the radar speed gun used to clock his vehicle.

The officer testified that on the date of the alleged offense he had checked the calibration of the radar device with a serialized tuning fork cut at 50 m.p.h. No other tests were performed.

It is well established in this State that our courts will take judicial notice of the general accuracy of radar speed-measuring machines. State v. Dantonio , 18 N.J. 570, 575-583 (1955). Proof of the accuracy of the particular scientific measuring device used is, however, required as a prerequisite to the admissibility of the results obtained therefrom. State v. Finkle , 128 N.J. Super. 199, 207 (App. Div. 1974), aff'd o.b. 66 N.J. 139 (1974) (VASCAR); cf. State v. Johnson , 42 N.J. 146, 171 (1964) (drunkometer);

State v. McGeary , 129 N.J. Super. 219, 244 (App. Div. 1974) (breathalyzer).

In State v. Overton , 135 N.J. Super. 443, 446 (Cty. Ct. 1975), the court discussed three universally accepted methods of testing the accurate operation of a radar speed-measuring device:

1. By use of the internal tuning fork built into the machine itself.

2. By running a patrol car with a calibrated speedmeter through the "zone of influence" of the radar machine.

3. By use of external tuning forks calibrated at set speeds and which emit sound waves or frequencies identical to those which would come from a vehicle travelling through the radar at the same speed for which the tuning fork has been cut.

The issue in Overton was whether the external tuning fork test, alone, was sufficient to establish the accuracy of the radar unit. In answering in the affirmative the court held that readings of radar and other speed-measuring machines should ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.