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2023_0425_PWETCPacket
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2023_0425_PWETCPacket
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4/27/2023 9:04:51 AM
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Commission/Committee
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Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
4/25/2023
Commission/Committee - Meeting Type
Regular
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results of said tests kept on file by the agency having control of said vehicle. Evidence as to the speed indicated on said <br />speedometer shall be prima facie evidence that the said vehicle was, at the time said reading was observed, traveling <br />at the rate of speed so indicated; subject to correction by the amount of error, if any, shown to exist by the test made <br />closest in time to the time of said reading. <br />Records of speedometer tests kept in the regular course of operations of any law enforcement agency shall be admissible <br />without further foundation, as to the results of said tests. Such records shall be available to the defendant upon demand. <br />Nothing herein shall be construed to preclude or interfere with the cross examination or impeachment of evidence of <br />rate of speed as indicated by speedometer readings, pursuant to the Rules of Evidence. <br />Subd. 10.Radar; speed -measuring device; standards of evidence. <br />(a) In any prosecution in which the rate of speed of a motor vehicle is relevant, evidence of the speed as indicated on <br />radar or other speed -measuring device is admissible in evidence, subject to the following conditions: <br />(1) the officer operating the device has sufficient training to properly operate the equipment; <br />(2) the officer testifies as to the manner in which the device was set up and operated; <br />(3) the device was operated with minimal distortion or interference from outside sources; and <br />(4) the device was tested by an accurate and reliable external mechanism, method, or system at the time it was set up. <br />(b) Records of tests made of such devices and kept in the regular course of operations of any law enforcement agency <br />are admissible in evidence without further foundation as to the results of the tests. The records shall be available to a <br />defendant upon demand. Nothing in this subdivision shall be construed to preclude or interfere with cross examination <br />or impeachment of evidence of the rate of speed as indicated on the radar or speed -measuring device. <br />Subd. 11.Handheld traffic radar. <br />(a) Law enforcement agencies that use handheld radar units shall establish operating procedures to reduce the <br />operator's exposure to microwave radiation. <br />(b) The procedures, at a minimum, must require: <br />(1) that the operator turn the unit off when it is not in use; <br />(2) if the unit has a standby mode, that the operator use this mode except when measuring a vehicle's speed; <br />(3) that the operator not allow the antenna to rest against the operator's body while it is in operation; and <br />(4) that the operator always point the antenna unit away from the operator and any other person in very close proximity <br />to the unit. <br />Subd. 12.Radar jammer. <br />For purposes of this section, "radar jammer" means any instrument, device, or equipment designed or intended for use <br />with a vehicle or otherwise to jam or interfere in any manner with a speed -measuring device operated by a peace officer. <br />No person shall sell, offer for sale, use, or possess any radar jammer in this state. <br />History: <br />(2720-178) 1937 c 464 s 28; 1939 c 430 s 6; 1947 c 428 s 12,13; 1955 c 802 s 1,2; 1957 c 580 s 1; 1963 c 843 s 1-4; 1969 <br />c 623 s 1; 1975 c 53 s 1; 1975 c 363 s 1,2; 1976 c 166 s 7; 1979 c 60 s 1; 1980 c 498 s 4; 1984 c 417 s 24,25; 1986 c 444; <br />1987 c 319 s 1; 1991 c 298 art 4 s 9; 1993 c 26 s 1; 1993 c 61 s 1; 1994 c 635 art 1 s 12; 1994 c 640 s 1; 1994 c 645 s 1; <br />1995 c 118 s 1; 1995 c 265 art 2 s 18; 1996 c 455 art 1 s 5,6; 1997 c 143 s 9-11; 1997 c 159 art 2 s 20,21; 1999 c 44 s 1; <br />2001 c 213 s 9; 1Sp2003 c 19 art 2 s 27; 1Sp2005 c 6 art 3 s 41,42; 2008 c 287 art 1 s 45; 2009 c 56 s 4,5; 2009 c 165 s 1; <br />2010 c 356 s 1; 2014 c 312 art 11 s 7,8; 1Sp2017 c 3 art 3 s 48; 1Sp2019 c 3 art 3 s 34,35 <br />NOTE: Subdivision 5f, paragraph (b), as added by Laws 2009, chapter 56, section 5, expires when the speed limit signs <br />erected before August 1, 2009, are replaced. Laws 2009, chapter 56, section 5, the effective date. <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />24 <br />Page 156 of 185 <br />
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