02/08/2016
The Defendant appealed the trial magistrate’s decision sustaining the charged violation of G.L. 1956 § 31-16-2 (manner of turning at intersection). A Rhode Island State Trooper testified that he observed the Defendant veer left and then quickly back to the right to complete a right hand turn. The Defendant argued that the trooper’s testimony did not meet the statutory requirements of the sustained charge. The Panel held that the testimony concerning the manner in which the Defendant turned showed a clear violation of the statutory language found in § 31-16-2 because the statute requires that “the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.” Accordingly, the Panel found the sustained charge was supported through evidence in the record and not erroneous. The appeal was denied and the charged violation was sustained.
State of Rhode Island v. Francisco Aponte, C.A. No. T15-0033 (February 8, 2016).pdf