North Carolina RADAR State Practice Exam

According to North Carolina rules of evidence, who is competent to testify about the rate of speed?

1. Only certified experts

2. Any lay witness with sufficient knowledge and opportunity to observe

3. Police officers only

4. Traffic engineers exclusively

The correct answer is: Any lay witness with sufficient knowledge and opportunity to observe

In North Carolina, any lay witness who possesses sufficient knowledge and opportunity to observe can testify about the rate of speed. This means that as long as a person has had the chance to perceive the speed in question—whether through direct observation or relevant experience—they can provide testimony based on their firsthand knowledge. This allows for a broader pool of potential witnesses, including regular citizens who may have seen a vehicle in motion, not just those in specialized professions. The emphasis is on the witness's experience and ability to comprehend the situation, rather than requiring formal credentials or certifications, which is why lay witnesses are empowered to share their observations in court. This principle supports a more inclusive legal process, where the court can benefit from various perspectives, thus enriching the understanding of events in question without restricting testimony only to those with formal qualifications.