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COMMONWEALTH v. PERDOK (06/07/63)

June 7, 1963

COMMONWEALTH
v.
PERDOK, APPELLANT.



Appeal, No. 59, March T., 1963, from judgment of Court of Quarter Sessions of Westmoreland County, Jan. T., 1962, No. 157, in case of Commonwealth of Pennsylvania v. Steve Perdok. Judgment reversed.

COUNSEL

Bernard S. Shire, with him Ezerski & Shire, for appellant.

Edward Doran, Assistant District Attorney, with him Richard E. McCormick, District Attorney, for Commonwealth, appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Cohen

[ 411 Pa. Page 302]

OPINION BY MR. JUSTICE COHEN

This is another case*fn1 involving a conviction under the radar provisions of The Vehicle Code. The pertinent

[ 411 Pa. Page 303]

    parts of ยง 1002(d.1)(1) of the Code provide: "No conviction shall be had upon evidence obtained through the use of radar apparatus unless - (i) it is of a type approved by the secretary, and (ii) it has been calibrated and tested for accuracy and found accurate or adjusted for accuracy within a period of thirty days prior to the alleged violation. ...

...

"(2) The secretary shall have authority to appoint official stations for calibrating and testing radar apparatus, and may prescribe regulations as to the manner in which such calibrations and tests shall be made, and shall issue to such stations official inspection certificate forms.

"An official certificate from an official inspection station, showing that the calibration and tests required by this subsection were made within the required period, and that the radar apparatus was accurate or was adjusted for accuracy, shall be competent and prima facie evidence of ... the accuracy of the radar apparatus. ..." At the hearing before the lower court, the only evidence offered to prove statutory prerequisites (i) and (ii) was the foregoing certificate of accuracy.

Exhibit "A"

Commonwealth of Pennsylvania Department of Revenue

BUREAU OF TRAFFIC SAFETY

CERTIFICATE OF RADAR SPEEDMETER ACCURACY

This is to The Bendix Corporation, York Division has received notification and designation as an Official Radar Speedmeter Testing Station and that radar speedmeter, Model S-5, Serial 5092, manufactured by Eastern Industries, Inc. and approved by the Secretary of Revenue as provided by Section 1002(D.1), ...


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