Agenda - Public Works Committee - 05/16/2017

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5 MINNESOTA STATUTES 2016 169.14 Subd. 9. Standards of evidence. In any prosecution in which the rate of speed of a motor vehicle is relevant, evidence of the speed of a motor vehicle as indicated on the speedometer thereof shall be admissible on a showing that a vehicle is regularly used in traffic law enforcement and that the speedometer thereon is regularly and routinely tested for accuracy and a record of the results of said tests kept on file by the agency having control of said vehicle. Evidence as to the speed indicated on said speedometer shall be prima facie evidence that the said vehicle was, at the time said reading was observed, traveling at the rate of speed so indicated; subject to correction by the amount of error, if any, shown to exist by the test made closest in time to the time of said reading. Records of speedometer tests kept in the regular course of operations of any law enforcement agency shall be admissible without further foundation, as to the results of said tests. Such records shall be available to the defendant upon demand. Nothing herein shall be construed to preclude or interfere with the cross examination or impeachment of evidence of rate of speed as indicated by speedometer readings, pursuant to the Rules of Evidence. Subd. 10. Radar; speed -measuring device; standards of evidence. (a) In any prosecution in which the rate of speed of a motor vehicle is relevant, evidence of the speed as indicated on radar or other speed -measuring device is admissible in evidence, subject to the following conditions: (1) the officer operating the device has sufficient training to properly operate the equipment; (2) the officer testifies as to the manner in which the device was set up and operated; (3) the device was operated with minimal distortion or interference from outside sources; and (4) the device was tested by an accurate and reliable external mechanism, method, or system at the time it was set up. (b) Records of tests made of such devices and kept in the regular course of operations of any law enforcement agency are admissible in evidence without further foundation as to the results of the tests. The records shall be available to a defendant upon demand. Nothing in this subdivision shall be construed to preclude or interfere with cross examination or impeachment of evidence of the rate of speed as indicated on the radar or speed -measuring device. Subd. 11. Handheld traffic radar. (a) Law enforcement agencies that use handheld radar units shall establish operating procedures to reduce the operator's exposure to microwave radiation. (b) The procedures, at a minimum, must require: (1) that the operator turn the unit off when it is not in use; (2) if the unit has a standby mode, that the operator use this mode except when measuring a vehicle's speed; (3) that the operator not allow the antenna to rest against the operator's body while it is in operation; and (4) that the operator always point the antenna unit away from the operator and any other person in very close proximity to the unit. Subd. 12. Radar jammer. For purposes of this section, "radar jammer" means any instrument, device, or equipment designed or intended for use with a vehicle or otherwise to jam or interfere in any manner with a speed -measuring device operated by a peace officer. Copyright CO 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.