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26 Fla. Supp. 2d 141

Dickman v. State

Circuit Court for the Judicial Circuits of Florida · decided 1987-12-14

Decided 1987-12-14

¶1*142OPINION OF THE COURT

NADLER, J.M., Judge.

¶2On March 2, 1986, the Defendant (Appellant herein) was driving a “dark blue Mercedes” on Highway 878. A State Trooper operating a radar unit was hidden on the northbound shoulder of an entrance ramp. A second, pursuing trooper was stationed on the southbound shoulder of the same ramp. The radar trooper picked out a “light colored Mercedes” which was speeding, clocked it, and advised the pursuing trooper of the speed. Appellant was apprehended, cited for a traffic violation, and found guilty on the basis of the radar clocking.

¶3The question on appeal is the admissibility of the radar clocking evidence, which was the basis of the conviction.

¶4Radar clocking evidence is admissible if the radar trooper: writes the citation, makes a clear assignment of speed to a single vehicle, and makes an independent visual determination that the vehicle is speeding. Fla. Stat. Sec. 316.1906(2)(b) and (c) (1986).

¶5In this instance, the radar trooper did not write the citation and failed to make an independent visual determination that Appellant’s vehicle was speeding. The pursuing trooper had no personal knowledge of the radar clocking.

¶6The statute (supra) not having been complied with, we find the evidence inadmissible and therefore reverse the Lower Court and direct that the Defendant (Appellant) be discharged.

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