Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. RICHARD HAMAKER (03/24/88)

submitted: March 24, 1988.

COMMONWEALTH OF PENNSYLVANIA, APPELLEE,
v.
RICHARD HAMAKER, APPELLANT



Appeal from Judgment of Sentence September 25, 1987, in the Court of Common Pleas of Monroe County, Criminal No. 407 - 1987.

COUNSEL

David R. Dautrich, Reading, for appellant.

James F. Marsh, District Attorney, Stroudsburg, for Com., appellee.

Cavanaugh, Olszewski and Melinson, JJ.

Author: Olszewski

[ 373 Pa. Super. Page 511]

This is an appeal from a judgment of sentence entered following appellant's conviction for speeding. We affirm.

On March 8, 1987, a citation was issued charging appellant with driving at an excessive speed in violation of Section 3362(a)(2)*fn1 of the Motor Vehicle Code. Appellant was found guilty of the charge at a summary trial before a

[ 373 Pa. Super. Page 512]

    district justice. A timely appeal to the court of common pleas was filed and, on August 25, 1987, a trial de novo was held.

Evidence at that trial essentially consisted of the testimony of the arresting officer, Trooper Robert D. Rossi of the Pennsylvania State Police. Trooper Rossi stated that he was operating a Customs KR-10 SPS Traffic Safety Radar System at the time of the arrest and that the radar system indicated appellant was driving at 65 m.p.h. in a 55 m.p.h. speed zone.

Appellant objected to the trooper's testimony, claiming that the Commonwealth had failed to present an adequate foundation for the statements regarding the speed of appellant's vehicle. Specifically, appellant argued that the testimony was inadmissible because Trooper Rossi had failed to conduct the four field checks for speed accuracy which were outlined in the radar system operator's manual.*fn2 The objection was overruled*fn3 and a finding of guilt was made by the court.

On September 3, 1987, appellant filed post-trial motions for a new trial and in arrest of judgment raising challenges to the weight and the sufficiency of the evidence. Both motions were denied and, on September 25, 1987, appellant was sentenced to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.