State v. Weatherwax

TURNAGE, Judge.

Ralph Weatherwax was found guilty by the court of speeding and assessed a fine of $35. He appealed to the Supreme Court, but that court transferred the appeal here on the grounds that the constitutional issues attempted to be raised had not been presented at the first opportunity. State v. Weatherwax, 607 S.W.2d 692 (Mo.1980).1

On this appeal the decisive issue is the failure of the patrolman to test the radar set at the site of the arrest and reasonably close to the time of the arrest. Reversed.

On December 4, 1978, Trooper Elliott of the Highway Patrol left his home at 7:00…