Operating without Insurance

The Defendant appealed the trial judge’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-47-9 (proof of financial security). Here, the Officer asked for the Defendant’s insurance information following an accident and the Defendant responded that he had insurance that he would present proof of at trial. The Defendant argued that the trial judge erred in sustaining the charge when the Defendant failed to bring the proof to trial. At the trial, the judge declared that the Defendant’s failure to provide proof of insurance established a prima facie case sufficient to sustain the charge. The Panel held that the trial judge’s decision was improper because, despite the Rule 17 requirement that the burden be on the prosecution by clear and convincing evidence, the trial judge found shifted the burden of proof to the Defendant and sustained the charge when the Defendant failed to meet it. Accordingly, the Panel reversed the trial judge’s decision and dismissed the charged violation.

City of Providence v. Emiliano Giron, C.A. T08-0125 (October 22, 2008).pdf