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State of Rhode Island v. Mark Aubrey, A.A. No. 13 – 002 (March 26, 2014)

State of Rhode Island v. Mark Aubrey, A.A. No. 13 – 002 (March 26, 2014).pdf
District Court
03/26/2014
State of Rhode Island v. Mark Aubrey, A.A. No. 13 – 002 Due Process

Due Process

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-14-2(A) (speeding) and R.I.G.L. 1956 § 31-15-11 (laned roadway). Defendant claimed the charges should be dismissed in exchange for pleading nolo contendere to a related charge of reckless driving pursuant to an agreement with the state in District Court. However, the District Court held that their review is limited to the record and, therefore, could not consider the issue because it had not been raised before the magistrate through a motion to dismiss, motion to vacate the verdict, or a motion to enforce the agreement. Accordingly, the Court sustained the violation against the defendant. State of Rhode Island v. Mark Aubrey, A.A. No. 13 – 002 (March 26, 2014).pdf