People v. Persons

• Decision Date: 03 September 1969
• Parties: The PEOPLE of the State of New York, Plaintiff, v. Alan R. PERSONS, Defendant.
• Court: New York Court of Special Sessions

Page 728

303 N.Y.S.2d 728

60 Misc.2d 803

The PEOPLE of the State of New York, Plaintiff, v. Alan R. PERSONS, Defendant.

Court of Special Sessions, Town of Pittsford, Monroe County.

Sept. 3, 1969.

John C. Little, Jr., Dist. Atty., Monroe County, James E. Morris, Rochester, of counsel, for plaintiff.

Alan R. Persons, Rochester, for defendant.

DECISION

THOMAS E. GOLDMAN, Town Justice.

The defendant is charged with speeding and the sole evidence produced by the People concerning his speed was that derived from the use of a new device known as VASCAR (visual average speed computer recorder). This instrument is supposed to measure the distance a vehicle travels and the time which it takes the vehicle to cover that distance. By using the mathematical formula of speed equals distance divided by time, the unit computes the average speed of a vehicle over the distance measured and visually displays that speed to the operator.

VASCAR's accuracy and reliability has not yet been challenged and this is the first test case in the State of New York dealing with this device. Since the instrument is new, expert testimony as to the scientific principle, construction, operation, accuracy and reliability of the device must be proven beyond a reasonable doubt, City of Buffalo v. Beck, 205 Misc. 757, 130 N.Y.S.2d 354 (Sup.Ct., Erie County, 1954); People of City of Rochester v. Torpey, 204 Misc. 1023, 128 N.Y.S.2d 864 (Monroe County Court, 1953); People v. Martiano, 52 Misc.2d 64, 275 N.Y.S.2d 215 (Westchester County Court, 1966).

The proof submitted by the People consisted of testimony of duly qualified experts who were in charge of the development, manufacture and marketing of this device. This proof established the following facts. The VASCAR unit is composed of four modules: an odometer module which measures distance, a switch module which is used by the operator to activate the time and distance measuring devices, a display module on which the resulting speed is displayed and lastly, a computer module which records the distance, measures time and divides the time into the distance.

The odometer module is connected to the speedometer cable of the vehicle in which the unit is installed. When the distance switch is activated the revolutions of the cable are transformed into impulses which are counted by the computer. In this manner the computer measures the distance traveled by the vehicle in which it is installed. The accuracy of the speedometer is immaterial. The important factor here is that the cable will be consistent in the number or revolutions per mile.

Time is measured by use of an oscillator which produces impulses at the rate of 170.7 each second. When the time switch is activated the computer counts the number of impulses and in this way it measures time. There is a voltage regulator in the computer which insures the accuracy of the oscillator.

There was ample proof concerning the various tests made of the equipment and it is the Court's finding that the machine 'is an accurate and proper instrument for detecting speed violations on our highways', if properly tested and used. People v. Sachs, 1 Misc.2d 148, 154, 147 N.Y.S.2d 801, 807 (City Magistrate's Court, City of New York, 1955) p. 807 of 147 N.Y.S.2d.

There was considerable proof concerning the extensive training and testing of VASCAR operators. The People satisfactorily proved that individuals could and were trained in such a manner that if the device were used as directed it would accurately measure the speed of a vehicle. People v. Saches, Supra. The Court...