State v. Amiral

After a bench trial, the district court convicted Defendant of exceeding the speed limit, finding that the State met its burden of proof that Defendant’s vehicle was traveling sixty-five miles per area in an area where the speed limit was fifty miles per hour. On appeal, Defendant argued that the district court erred in failing to sustain Defendant’s foundation and hearsay objections to the admission of a speed reading from a police officer’s laser gun. The intermediate court of appeals affirmed. The Supreme Court reversed, holding that the trial court committed error in admitting the speed into evidence because the State failed to lay an adequate foundation for the introduction of the laser gun reading. Remanded. View "State v. Amiral" on Justia Law