(A) Generally. No person shall drive a vehicle on any street or alley right-of-way at a rate of speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Any person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding street or alley and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or street conditions.
(Prior Code, § 5-301)
(B) Speed; electronic detection.
(1) 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. Before the municipality 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 municipality shall prove the following:
(a) The measuring device was in proper working order at the time of conducting the measurement;
(b) 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;
(c) The person operating such device and interpreting such measurement was qualified by training and experience to properly test and operate the device; and
(d) 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.
(2) 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, § 5-302)
(Ord. 448, passed 11-6-1984; Ord. 459, passed 12-3-1985) Penalty, see § 70.99
Statutory reference:
Similar provisions, see Neb. RS 60-6,192