Radar, Lidar and Breath Test Operator law

The following has been passed by the Legislature and is on the Governor's desk for signing this into law:

Bill Summary
Rule 702 of the Tennessee Rules of Evidence requires that expert witnesses be qualified by knowledge, skill, experience, training, or education.

This bill requires that in any judicial or administrative proceeding in which the results of a radar, laser or similar device used to measure the speed of a motor vehicle are being introduced to prove the speed of the motor vehicle or the conduct of the driver of the vehicle, such results may not be admissible for such purposes unless the law enforcement officer operating the device is certified by a recognized certification organization in the field as qualified to operate the device used.

ON MARCH 11, 2010, THE HOUSE ADOPTED AMENDMENTS #1 AND #3 AND PASSED HOUSE BILL 2769, AS AMENDED.

AMENDMENT #1 requires that the law enforcement officer operating a radar, laser, or similar device used to measure the speed of a motor vehicle must be trained in the use of the device pursuant to guidelines established by the national highway traffic safety administration or POST, in order for the results of the use of the device to be admissible as proof of the speed of the motor vehicle or the conduct of the driver of the vehicle.

AMENDMENT #3 requires that the law enforcement officer operating a breathalyzer or similar device used to measure the alcohol content in a person's blood be trained by a recognized certification organization in the field as qualified to operate the device, in order for the results of the use of the device to be admissible as proof of the alcohol content in a person's blood or the intoxication of the person.