(A) Determinations made regarding the speed of any motor vehicle based upon the visual observation of any law enforcement officer may be corroborated by the use of radio microwaves or other electronic device. The results of such radio microwave or other electronic speed measurement may be accepted as competent evidence of the speed of such motor vehicle in any court or legal proceeding when the speed of the vehicle is at issue.
(B) Before the city may offer in evidence the results of such radio microwave or other electronic speed measurement for the purpose of establishing the speed of any motor vehicle, the city shall prove the following:
(1) The measuring device was in proper working order at the time of conducting the measurement;
(2) The measuring device was being operated in such a manner and under such conditions so as to allow a minimum possibility of distortion or outside interference;
(3) The person operating such device and interpreting such measurement was qualified by training and experience to properly test and operate the device; and
(4) The operator conducted external tests of accuracy upon the measuring device, within a reasonable time both prior to and subsequent to an arrest being made, and the measuring device was found to be in proper working order.
(C) The driver of any such motor vehicle may be arrested without a warrant under the authority herein granted if the arresting officer is in uniform or displays his or her badge of authority; provided, that such officer shall have observed the recording of the speed of such motor vehicle by the radio microwaves or other electronic device, or had received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves or other electronic device. In the event of an arrest based on such a message, such radio message must have been dispatched immediately after the speed of the motor vehicle had been recorded and must include a description of the vehicle and the recorded speed.
(Prior Code, § 5-307) (Ord. 410, passed 10-11-1983)
Statutory reference:
Similar provisions see Neb. RS 60-6,192