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Appeal Brief

Judge Watson's Opinion
State Concedes Case

                       SUMMARY OF ARGUMENT

     When a trial court hears testimony on speed calculations from

a VASCAR-Plus device based upon use of time and distance

parameters, but chooses to believe defendant's rebuttal testimony

that the admitted parameters indicate a speed of only 8 or 9 miles

per hour above the posted 35 miles per hour limit, the trial court

commits an error of law by convicting, because such conviction is

prohibited by statute, which does not allow conviction when the

measured speed is less than 10 miles per hour over the speed limit.

     When the trial court discounts the Commonwealth's evidence and

believes defendant's rebuttal testimony instead, and the

Commonwealth has no other proof of violation using a speed timing

device, the trial court erred by convicting the defendant.


Appeal: Pages 5-7


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