Appeals Panel
07/30/2008
State of Rhode Island v. Robert Braddock, C.A. T08-0073 (July 30, 2008)
Turn Signal Required
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-14-2 (speeding), R.I.G.L. 1956 § 31-15-11 (laned roadway violation), and R.I.G.L. 1956 § 31-16-5 (failure to use a turn signal). The Defendant argued that the trial judge erred in sustaining the turn signal violation because there was insufficient evidence to support the charge. Here, the Trooper testified that he observed the Defendant made “several aggressive and erratic lane changes” without using his motorcycle’s turn signal when he “[came] upon slower traffic.” The Panel held that the Trooper’s testimony was sufficient to establish that the Defendant moved right and left on a roadway without using a turn signal and that his failure to signal likely affected the traffic around him. Accordingly, the Panel upheld the trial judge’s decision to sustain the charged violation.
State of Rhode Island v. Robert Braddock, C.A. T08-0073 (July 30, 2008).pdf
Appeals Panel
07/30/2008
State of Rhode Island v. Robert Braddock, C.A. T08-0073 (July 30, 2008)
Laned Roadway Violation
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-14-2 (speeding), R.I.G.L. 1956 §31-15-11 (laned roadway violation), and R.I.G.L. 1956 § 31-16-5 (failure to use a turn signal). The Defendant argued that the trial judge erred in sustaining the laned roadway violation because there was insufficient evidence to support the charge. Here, the Trooper testified that he observed the Defendant make “several aggressive and erratic lane changes” on his motorcycle when he “[came] upon slower traffic.” The Panel held that the Trooper’s testimony was sufficient to establish that the Defendant drove his motorcycle in the center lane when the lane was not clear of traffic within a safe distance. Accordingly, the Panel upheld the trial judge’s decision to sustain the charged violation.
State of Rhode Island v. Robert Braddock, C.A. T08-0073 (July 30, 2008).pdf
Appeals Panel
07/30/2008
State of Rhode Island v. Robert Braddock, C.A. T08-0073 (July 30, 2008)
Speeding
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-14-2 (speeding), R.I.G.L. 1956 §31-15-11 (laned roadway violation), and R.I.G.L. 1956 § 31-16-5 (failure to use a turn signal). The Defendant argued that the trial judge erred in sustaining the speeding charge because there was no evidence that the devices used to ascertain the Defendant’s speed were accurate and in good working order. The Panel noted that for speedometer or radar evidence to support a speeding charge, “the operational efficiency” of the device must be “tested within a reasonable time by appropriate method” pursuant to State v. Sprague, 322 A.2d 36 (R.I. 1974). The Panel held that because there was no evidence to establish the accuracy of the Trooper’s speedometer or radar, the trial judge erred in sustaining the charge. Accordingly, the Panel reversed the trial judge’s decision and dismissed the speeding charge.
State of Rhode Island v. Robert Braddock, C.A. T08-0073 (July 30, 2008).pdf