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Judge John Alexander reduced a speeding charge against Dwight Gene Fitzsimons from 69/55 to 64/55 since, in Judge Alexander’s view, “There’s no need to nitpick.”
Fitzsimons’ attorney, Frank Reynolds, had made two motions to strike the case, which were denied, and had challenged the radar proof of accuracy.
Trooper Chuck Moore testified he had checked the radar’s accuracy with his speedometer and with tuning forks before and after he stopped Fitzsimons and charged him with 69/55. Trooper Moore also testified he had paced Fitzsimons’ car at “between 63 to 64 miles per hour” before he stopped the vehicle on Route 211.
Trooper Moore’s speedometer calibration was put into evidence, but no evidence of the tuning forks’ calibration was introduced. Commonwealth’s Attorney Peter Luke said Reynolds could have subpoenaed information on the tuning forks, but the prosecution has no burden to produce the information for every speeding case.
After testimony by Fitzsimons, Judge Alexander said he would have ' no problem with reducing the charge to 64/55 since the amount of penally points would be the same for both charges. He fined Fitzsimons $18 in addition to $20 costs. Luke and Reynolds pointed out after the case that a charge of 64755 brings one less penalty point than a charge of 69/55.
Other cases decided Tuesday included:
John W. Cildrey, non-payment of sales tax, tax paid, 10 days in jail suspended, $35 costs.
Dollie Atkins, welfare fraud, 30 days in jail suspended, no assistance for six months, $35 costs.
Charles Lewis Gallihugh, trespassing, continued to April 10, 1986 conditioned on no further trespasses. *
Richard Keith Brown, Jr., wearing police insignia, no prosecution because out of state insignia; 76/55, no prosecution because pled guilty to DWI; DWI, $200/$20, suspended license for six months, on enrollment in ASAP issue a restricted license.
James W. Johnson, refusal to take a breathalyzer test, DWI (second offense), continued to Dec. 3; habitual offender, no prosecution for direct indictment in Circuit Court.
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