Operating without Insurance

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-47-9 (driving without insurance). Pursuant to Albanese v. Providence Police Department, 711 A.2d 651 (1998), the District Court held that the burden of proof is on the state to prove by clear and convincing evidence that the defendant knowingly operated his vehicle without insurance.  Therefore, it was clearly erroneous for the trial magistrate to shift that burden to the defendant. Accordingly, because the state failed to meet its burden, the Court reversed the decision of the Appeals Panel and remanded back to the trial magistrate with instructions to dismiss the charge against the defendant.

State of Rhode Island v. Gilbert Dalomba, A.A. 05-43 (November 25, 2005).pdf