Procedure

Defendant appealed the Appeals Panel’s decision sustaining defendant’s violation of R.I.G.L. 1956 § 31-14-2 (“prima facie limits”). Defendant argued that the judge improperly limited the defendant’s cross-examination of the officer with respect to his ability to make a visual determination of a vehicle’s speed. Following State v. Oliveira, 730 A2d. 20, 24 (R.I. 1999), the District Court held that limitations on cross-examinations are generally within the trial court’s discretion. Since the evidence in the case involved a speed determination based upon a laser device, the District Court concluded that the defendant was examining the officer about an irrelevant matter and, consequently, that the trial court did not abuse its discretion. Accordingly, the District Court affirmed the Appeals Panel’s Decision

James Sullivan v. City of Woonsocket, A.A. No. 16-69 (November 10, 2016).pdf