Carrier v. Com.
| Decision Date | 28 September 1951 |
| Citation | 242 S.W.2d 633 |
| Parties | CARRIER v. COMMONWEALTH. |
| Court | United States State Supreme Court — District of Kentucky |
Fred Lisanby, Georgetown, for appellant.
A. E. Funk, Atty. Gen., Guy L. Dickinson, Asst. Atty. Gen., for appellee.
The appellant was tried in the Scott Circuit Court for speeding and the following judgment was entered: 'The above styled action coming on for hearing by agreement of parties before the Judge of this Court without the intervention of a jury, and the Commonwealth of Kentucky having submitted its evidence in said case and the defendant, Ward Carrier, having declined to testify or submit any evidence, and it appearing to the Court that the Prather Speed device which was used in determining the speed that the defendant was travelling at the time and place in question is an accurate device for determining speed as shown by expert testimony and it further appearing that a stop watch used in said device was proven accurate at said time and place of said test and that the mechanism of said device was accurate and it further appearing to the Court that the defendant was exceeding the prescribed speed at said time and place, and the Court being sufficiently advised, it is now ordered and adjudged that the defendant, Ward Carrier, be and is hereby adjudged guilty of the offense charged, of speeding, and his fine as such is fixed at $50.00, to all of which the defendant objects and excepts.'
The question to be determined on this appeal is whether or not a person may be convicted for speeding upon the evidence alone of speeding as determined by a mechanical and electrical device described as follows: The first unit called a timer box is carried in the police cruiser. The second unit is called a road switch box and is placed on the edge of the road approximately 300 feet from the first unit which is in the squad car. The third unit is also a road switch box and is placed on the edge of the road 366 feet and 9 inches beyond the second unit of the device. This lineal measurement is selected because an automobile proceeding at the rate of 25 miles per hour would require 10 seconds to cover the distance, and serves as a convenient basis for determining the rate of speed of an automobile by the time which elapses in traversing the measured section of the road. Each road switch has attached to it a rubber hose which is stretched across the highway at the point where the road switch box is placed. Each road switch is connected electrically to the timer box...
To continue reading
Request your trial
-
People v. Kenney
...8; People v. Sarver, 205 Misc. 523, 129 N.Y.S.2d 9; People of City of Buffalo v. Beck, 205 Misc. 757, 130 N.Y.S.2d 354; Carrier v. Commonwealth, Ky., 242 S.W.2d 633. Particularly since World War II members of the public have become generally aware of the use of speed radar methods indicatin......
-
Denton v. State
...tested. See, e. g., People v. Burch (1974) 19 Ill.App.3d 360, 311 N.E.2d 410, State v. Simon (Iowa 1976) 243 N.W.2d 571, Carrier v. Commonwealth (Ky.1951) 242 S.W.2d 633, Farmer v. Commonwealth (1964) 205 Va. 609, 139 S.E.2d 40. Thus in Burch, supra, the court "The record here indicates tha......