Commonwealth v. Fagin

By Judge Edward L. Hogshire

Martin Fagin is charged with speeding in violation of Virginia Code § 46.2-874. Defendant objected to the testimony of Officer Faron R. Ocheltree regarding the results of a Laser Speed Determination Device (“Laser”) as to Defendant’s speed. After due consideration of applicable law, the presentation of the evidence, the argument of counsel on January 15,2003, and supporting memoranda, for reasons set forth below, Defendant’s objection is sustained; and the charge is dismissed.

Facts

Officer Ocheltree testified that on May 30,2002, at about 2:21 p.m., he was checking…