People v. Higley

The defendant was charged with operating his motor vehicle 75 miles per hour in a 50-mile-per-hour zone in violation of subdivision (b) of section 1180 of the Vehicle and Traffic Law. Upon the trial the evidence showed that the arresting officer had “ clocked ” the defendant at 75 miles per hour and that he had estimated the defendant’s speed at 80 miles per hour.

The law is clear that two elements of proof necessary to sustain a speeding conviction are (1) the reading from an untested speedometer or radar device and (2) the opinion of an officer properly qualified as an expert to estimate…