Appeals Panel
08/23/2016
City of Providence v. Dominiqua Newkirk, No. T15-0028 (August 23, 2016)
Operating without Insurance
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-47-9 (“operating without insurance”). Defendant argued that the trial court erred in not reciting the defendant’s prior insurance offenses on the record. § 31-47-9 does not require that the trial court recite the defendant’s prior insurance offenses on the record. This statute has never been interpreted to have this requirement. The Colin Foote Act § 31-27-24 does have this requirement, but the Appeals Panel declined to extend this requirement to § 31-47-9. Accordingly, the trial court’s decision was affirmed.
City of Providence v. Dominiqua Newkirk, No. T15-0028 (August 23, 2016).pdf
Appeals Panel
08/23/2016
City of Providence v. Dominiqua Newkirk, No. T15-0028 (August 23, 2016)
Conditions Requiring Reduced Speed
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-14-3 (“conditions requiring reduced speed”). Defendant argued that that § 31-14-3 does not meet the constitutional test of reasonable certainty as set forth in State v. Scofield, 138 A.2d 415 (R.I. 1958). The Appeals Panel held that § 31-14-3 does withstand the scrutiny of the constitutional test of reasonable certainty because the statute’s language is definite enough and incorporates § 31-14-1 by reference. § 31-14-1 states that a motorist must reduce his or her speed when approaching hazards like an intersection. These two statutes read together fairly appraise motorists of when they must reduce their speeds. Accordingly, the trial court’s decision was affirmed.
City of Providence v. Dominiqua Newkirk, No. T15-0028 (August 23, 2016).pdf