Prosecution for operating automobile at unlawful rate of speed. The Superior Court, Terry, J., instructed jury that an electronic radar speed meter, if found to be properly functioning and properly operated, is a device that jury may find to be a correct recorder of speed.
[48 Del. 211] Henry J. Ridgely, Deputy Atty. Gen., for the State.
Ernest V. Keith, Dover, for defendant.
TERRY, J., sitting.
Indictment for operating a motor vehicle at an unlawful rate of speed in violation of Sections 4125 and 4126 of Title 21 of the Delaware Code of 1953.
TERRY, J., charged the jury in part as follows:
The Grand Jurors of this County have found and returned a true bill of indictment against Samuel Allen Moffitt, late of Kenton Hundred, this County, charging him with having operated a motor vehicle upon Highway 300 in this County on the 6th day of January of this year at a rate of speed that was greater than reasonable and prudent, to wit, 63 miles per hour in a speed zone limited to 50 miles per hour, against the form of an Act of the General Assembly in such case made and provided, and against the peace and dignity of the State.
The pertinent statutes of this State in respect to the foregoing indictment are as follows:
Section 4125 of Title 21 of the Delaware Code of 1953, recites in part as follows:
‘ No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.’
Section 4126 of Title 21 of the Delaware Code of 1953, recites in pertinent part as follows:
[48 Del. 212] ‘ Where no special hazard exists, the following speeds shall be lawful, but any speed in excess of such limits shall be absolute evidence that the speed is not reasonable or prudent and that it is unlawful--
‘ (1) Passenger vehicles and self propelled passenger buses:
‘ (C) 50 miles per hour under other conditions on two lane roads'.
Thus it is clear that under the foregoing sections no person shall operate a vehicle on a highway at a speed that is greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, and that where no hazards exist the operation at a rate of speed greater than 50 miles per hour on a two lane road shall be ...