Commonwealth v. Nardei
Commonwealth v. Nardei
Opinion of the Court
Appellant, John Patrick Nardei, has appealed from a summary conviction for speeding in violation of Section 3362 of the Vehicle Code.
The sole issue raised by appellant is whether the radar unit employed to record the speed of his vehicle was approved by the Department of Transportation as required by Section 3368(d) of the Code.
The lower court found the type of radar unit employed, TR-6, to have been approved. In so concluding, it relied
After review of the record, including the Commonwealth’s exhibits, we are compelled to conclude that such evidence is insufficient to establish that the type of radar device employed was of a type approved by the department.
In Commonwealth v. Perdok, 411 Pa. 301, 192 A.2d 221 (1963), our Supreme Court held that such a statement in a certificate of radar speed accuracy was not properly admissible to prove that the type of device cited therein was “of a type approved by the department.”
Commonwealth v. Corbett, 215 Pa.Super. 301, 258 A.2d 326 (1969), cited by the Commonwealth is readily distinguishable since in that case both a certificate indicating approval by the proper Commonwealth officer of the type of device and a certificate attesting to the accuracy of the specific machine were introduced. Instantly, only the latter document was produced.
Thus, though the evidence supports the finding that the unit had been tested for accuracy by an official radar speed meter testing station, the record is without the necessary and proper evidence to prove that the type of device, itself, had been approved by the Department of Transportation. The officer’s testimony that the TR-6 would not have been certified by the testing station had it not been approved by
Judgment reversed.
. 75 Pa.C.S.A. Section 3362.
. 75 Pa.C.S.A. Section 3368(d).
. Appellant does not question the sufficiency of the certificate of electronic device (radar) accuracy introduced by the Commonwealth which indicated the instrument had been properly tested and calibrated 12 days prior to appellant’s arrest.
. Under the Vehicle Code in effect when Perdok was decided, the Secretary of Revenue was designated as the Commonwealth’s agent for approval of radar devices.
Dissenting Opinion
dissenting:
In Commonwealth v. Gernsheimer, 276 Pa.Super. 418, 419 A.2d 528 (1980), we affirmed a summary conviction for speeding
I would affirm the conviction.
. 75 Pa.C.S. § 3362.
. 75 Pa.C.S. § 3368(d).
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. John Patrick NARDEI, Appellant
- Cited By
- 4 cases
- Status
- Published