Gov't of the Virgin Islands v. Rodriguez, Criminal No. 14-1969
| Citation | 7 V.I. 355 |
| Decision Date | 24 June 1969 |
| Docket Number | Criminal No. 14-1969 |
| Parties | GOVERNMENT OF THE VIRGIN ISLANDS v. JOSE RODRIGUEZ, JR. |
| Court | United States District Courts. 3th Circuit. District of the Virgin Islands |
See, also, 300 F.Supp. 909
Municipal Court convicted defendant of operating an automobile at an unlawful rate of speed, and he appealed. The District Court, Maris, Circuit Judge, held that where officer testified that he observed defendant driving his automobile in excess of 35 mile speed limit but did not testify to defendant's rate of speed nor qualify himself as experienced in judging the speed of moving automobiles, his testimony was not competent to corroborate his evidence as to untested speedometer reading.
Judgment reversed and Municipal Court directed to enter judgment of acquittal.
ATTORNEY GENERAL, for Government
EDWARD J. OCEAN, ESQ., Christiansted, St. Croix, Virgin Islands, for defendant
This is an appeal by the defendant from his conviction in the Municipal Court of operating an automobile at an unlawful rate of speed in violation of 20 V.I.C. § 494(b). It appears that the defendant on December 12, 1968 was driving west on the Old Centerline Road in the vicinity of Sion Farm in St. Croix when he was stopped by a police officer and charged with driving at the rate of 58 miles per hour in a 35 mile per hour speed zone. At his trial the police officer testified that he followed the defendant for about half a mile, keeping an even distance behind him, and that the speedometer installed in his police car registered a speed of 58 miles per hour. There was no other evidence as to the defendant's rate of speed and the latter testified he was driving 30 miles an hour. It appears that the defendant's conviction was rested solely on the police officer's testimony as to the speedometer reading.
[1-3] The defendant on appeal contends that his conviction on this evidence alone cannot stand since it was not shown that the speedometer from which the police officer testified was accurate. This contention is well taken. For a conviction for speeding may not be based upon the mereevidence of a speedometer reading without more. While such evidence is admissible, People v. Marsellus, 1957, 2 N.Y.2d 653, 143 N.E.2d 1, it has been held insufficient without corroboration to sustain a conviction. People v. Heyser, 1957, 2 N.Y.2d 390, 141 N.E.2d 553. Such corroboration may be by way of a showing that the accuracy of the speedometer had been tested within a reasonable...
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Government of Virgin Islands v. Caines, 74-1757
......Rodriguez, 300 F.Supp. 909, 910, 7 V.I. 355 (D.V.I.1969), Judge Maris stated that ... on the defendant's speeding to support the jury's finding of criminal dereliction. Most important is the unchallengeable fact that three other ......
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Gov't of the Virgin Islands v. Caines, 74-1757
......Rodriguez, 7 V.I. 355, 300 F.Supp. 909, 910 (D. V.I. 1969), Judge Maris stated that ... on the defendant's speeding to support the jury's finding of criminal dereliction. Most important is the unchallengeable fact that three other ......
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Gov't of the Virgin Islands v. Rodriguez, Criminal No. 15-1969
...be reversed for the reasons stated in Government of the Virgin Islands v. Jose Rodriguez, Jr., Criminal No. 14-1969, decided this day, 7 V.I. 355. His conviction of improper passing of another vehicle must be affirmed, however, since a reading of the testimony discloses ample evidence to su......