Default Judgment

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-22-22(g) (no safety belt use – operator); R.I.G.L. 1956 § 31-21-4 (place where parking or stopping prohibited); and R.I.G.L. 1956 § 31-15-12.1 (entering intersection). The State Police issued the defendant with the citations on Route 138 in Jamestown. The defendant appeared for arraignment at the Traffic Tribunal, but argued that the court lacked subject matter jurisdiction over him because a trust owned the car. The court denied what it deemed to be the defendant’s motion to dismiss, but the defendant refused to stop arguing. The court warned him that he would enter default judgment. Defendant continued to argue and a default judgment was entered on all charges. Rule 7 of the Traffic Tribunal Rules states that “if a defendant refuses to plead… the court shall enter a plea of not guilty.” Since the defendant appeared at the Traffic Tribunal and refused to enter a plea, the court should have entered a not guilty plea and scheduled the case for trial. Accordingly, the Appeals Panel is reversed and the matter is remanded.

Richard W. Audette v. Town of Middletown, A.A. No. 15-38 (November 25, 2015).pdf