People v. Sarver
| Citation | 205 Misc. 523 |
| Parties | The People of the State of New York, Plaintiff,<BR>v.<BR>Edmund Sarver, Defendant. |
| Decision Date | 31 March 1954 |
| Court | New York District Court |
Murray C. Fuerst, Corporation Counsel (John A. Bodmer of counsel), for plaintiff.
Frank J. Nardozzi for defendant.
Joseph E. Deady, amicus curiæ.
The defendant, Edmund Sarver, is charged with operating a motor truck along Wilmot Road in the city of New Rochelle at a rate of speed of thirty-six miles per hour on July 30, 1953, in violation of an ordinance which fixes the maximum rate of speed at twenty-five miles an hour.
In support of the charge of violation of the ordinance made by a police officer of the City of New Rochelle, the city has offered a graph recording made on a radar-type device which purports to measure the speed of vehicles. This device is known as an electromatic speed meter and is manufactured by the automatic signal division of Eastern Industries, Inc., at Norwalk, Connecticut. The city offered evidence as to the manner in which the electromatic speed meter operated and as to its accuracy.
As an expert witness, Dr. John Kopper of the faculty of Johns Hopkins University was called by the city. The witness stated that he received a Doctor's degree in Electrical Engineering from Johns Hopkins University in 1944, that he practiced electrical engineering for over twenty years, and that he taught courses in electrical engineering at Johns Hopkins for twelve years. He stated the electromatic speed recorder was a radar-type of instrument which measured velocity by a radar method.
Simplifying the substance of his testimony, it may be said that the electromatic speed recorder operates in this manner: The police car from which the radar speed meter operates parks alongside of the road. A transmitter in the shape of a box is placed at the rear of the car or on the ground in back of the car facing the oncoming traffic. This transmitter sends out sound waves that strike the oncoming cars and return to a receiver which is part of the speed meter. By measuring the change in frequency in these sound waves as they return compared with their frequency when sent out, the device is able to record the speed of an approaching car. The "zone of influence" or the zone through which the speed of the car is measured extends for approximately 30 feet and is approximately 175 feet away from the speed meter device. In other words, when the approaching car reaches a point about 175 feet away from the transmitter, the sound waves returning after hitting the approaching car, are recorded on a graph and in this way record the speed of the approaching car as it passes through the "zone of influence" a distance of approximately 30 feet.
If the oncoming car had been stopped in the "zone of influence" there would be no change in the wave frequency between transmission and reception. However, there is always a change or frequency shift between transmission and reception when the oncoming car is moving.
The moving car coming into the stream of sound waves, makes the waves bounce back to the receiver, something in the manner in which an echo is produced. The change in their frequency indicates the rate of speed of the approaching automobile.
A permanent record of the speed is made on a graph by the electromatic speed meter.
The city called three police officers who were used in apprehending the defendant. Officer Thomas Rabbitt had charge of operating the electric speed meter itself. He holds the United States Government Radio Telephone Operator's License First Class, and was a chief radioman in the Navy, and studied electrical engineering for two years at New York University.
As the defendant's green truck went by the parked car in which Thomas Rabbitt was seated operating the electromatic speed meter, Rabbitt noticed the graph indicated excessive speed. He called and motioned to officer Bartnett seated in the same car that the defendant's green truck should be stopped. Officer Bartnett called by telephone to officer William Burkhardt who was in another police car a quarter of a mile ahead. Officer Burkhardt stopped the defendant's green truck and issued a summons to the defendant.
At the conclusion of the city's case and at the end of the trial, the defendant moved to dismiss the information on various grounds. In support of his contentions, defendant's counsel has submitted a brief which extensively covers the authorities on the points raised.
The argument that the wording of the ordinance in question requires the speed limit to be exceeded for a distance of one eighth of a mile before a conviction may be had was first made on a motion to dismiss the information...
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