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State v. Finkle

New Jersey Superior Court

319 A.2d 733 (1974)

Facts

Harold Finkle (defendant) was charged with going 75.3 miles per hour in a 55 miles-per-hour zone. A police officer clocked Finkle’s speed with a visual average-speed computer and recorder (VASCAR). A VASCAR measured a car’s speed by measuring the time it took the car to get from point A to point B, which the police officer marked ahead of time. The VASCAR then calculated the speed in miles per hour using a computerized calculator. The police officer who clocked Finkle’s speed was trained in calibrating and using the VASCAR. At trial, the judge took judicial notice of the scientific reliability of the VASCAR. To do so, the judge relied on a series of evaluations and reports that stated that the VASCAR was a reliable tool for measuring speed, with only a small margin of error. Finkle was convicted, and he appealed, arguing that expert testimony was necessary on the issue of the VASCAR’s scientific reliability.

Rule of Law

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Issue

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Holding and Reasoning (Conford, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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