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State v. Carter

March 27, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOHN R. CARTER, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Burlington County, Municipal Appeal No. APP-10-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 22, 2009

Before Judges Payne and Newman.

Following trial in the Bordentown Township Municipal Court, defendant, John R. Carter, was convicted of speeding, N.J.S.A. 39:4-98, and driving with an expired motor vehicle registration, N.J.S.A. 39:3-4. Defendant appealed his speeding conviction to the Law Division, and upon de novo consideration of the matter, his conviction on that charge was affirmed. Defendant has appealed from the Law Division judge's order, raising the following arguments:

POINT I.

IT WAS ERROR TO ADMIT INTO EVIDENCE THE K55 RADAR READING AND TO RELY ON THAT READING WITHOUT ANY INDICIA THAT THE POLICE CAR SPEEDOMETER WAS CALIBRATED.

POINT II.

IT WAS ERROR FOR THE COURT TO ADMIT INTO EVIDENCE THE K55 RADAR READING WITHOUT ANY INDICIA THAT OFFICER NUCERA HAD LOOKED AT HIS OWN SPEEDOMETER.

POINT III.

IT WAS ERROR FOR THE COURT TO ADMIT TESTIMONY BY OFFICER NUCERA WITHOUT QUALIFYING HIS TRAINING AND EXPERTISE.

Following our review of the record in light of applicable precedent, we affirm.

The trial transcript discloses that on October 31, 2007, Officer Nucera, a patrolman with the Bordentown Township Police force, observed Carter driving a Dodge pick-up truck in the opposite direction at a speed of thirty-six miles per hour in a twenty-five mile per hour zone. Because it was Halloween, there were numerous children present, and the street lacked sidewalks.

Nucera activated his lights and siren, made a U-turn, and proceeded to follow Carter, who did not immediately stop, but instead continued for approximately one-half mile, eventually pulling into his own driveway. Although he exceeded the speed limit, Nucera was ...


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