Legal Opinion

Dawley v. State

Indiana Court of Appeals

Decided October 31, 1991No. 02A03-9101-IF-19PublishedCited by 2 opinions

1Opinion of the Court

HOFFMAN, Judge.

Appellant-defendant Michael Dawley was convicted of the moving traffic violation of exceeding the speed limit and now appeals.

Two issues are dispositive of this appeal:(1) whether the trial court erred in allowing the police officer to testify regarding the radar gun which was used to clock the defendant's speed; and(2) whether there was sufficient evidence to support the judgment.

A speeding charge is an infraction which only has to be proved by a preponderance of the evidence. Carson v. State (1983), Ind.App., 459 N.E.2d 734.

There was no error in the admission of the police…

2Cases cited2 opinions

  1. Smith v. StateIndiana Court of Appeals · 1986
  2. Carson v. StateIndiana Court of Appeals · 1983

3Cited by2 opinions

  1. Marlatt v. StateIndiana Court of Appeals · 1999
  2. Brian Byrd v. State of IndianaIndiana Court of Appeals · 2014

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