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State v. Caron
Citations: 525 A.2d 1049; 1987 Me. LEXIS 737
Court: Supreme Judicial Court of Maine; May 29, 1987; Maine; State Supreme Court
Jill Caron appealed a Superior Court judgment that upheld a District Court ruling imposing a fine for speeding, specifically driving 53 mph in a 35 mph zone. Caron raised two primary arguments on appeal: 1. The State failed to prove the validity of the 35 mph speed zone as required by 29 M.R.S.A. § 1251. 2. The District Court improperly admitted radar evidence of her speed due to lack of proper foundation. The court found both arguments unmeritorious. Regarding the first argument, the court noted that Douglas McCobb, the Maine Department of Transportation's Engineer of Traffic, testified that the speed zone was officially ratified as a 35 mph zone since December 19, 1973, and that signs indicating this limit were present, serving as prima facie evidence of the zone's establishment under the law. Caron did not provide evidence to counter this proof, leading the court to conclude that the speed zone was validly established. On the second argument, Caron contended the radar evidence was inadmissible because the State did not demonstrate the radar's accuracy. The court referenced prior case law (State v. Herbert) establishing that evidence regarding the accuracy of speed measurement devices affects the weight, not the admissibility, of such evidence. The officer testified that the radar was calibrated before and after its use, supporting the validity of the radar reading. Additionally, 29 M.R.S.A. § 1254 states that radar measurements are prima facie evidence of speed in court. Ultimately, the court affirmed the judgment of the lower court, concluding that both the speed zone and the radar evidence were valid.