Parking or Stopping Prohibited

Defendant appealed a decision by the Trial Magistrate sustaining a violation of R.I. Gen. Laws 1956 § 31-21-4 (Parking or Stopping Prohibited). Defendant attempted to use an E-Z Pass transponder to proceed through the Jamestown toll booth plaza to cross the Claiborne Pell Bridge and, when it did not work, refused to pay the toll. The toll booth attendant asked Defendant to stay at the plaza while he called the State Police. He was then charged with parking or stopping where prohibited. Defendant argued that his conduct was not prohibited by § 31-21-4, which lays out seventeen places where a vehicle may not park or stop. The Appeals Panel noted that Defendant was cited for violating the provision that prohibits parking “upon any bridge or other elevated structure upon a highway or within a highway tunnel.” The Appeals Panel further noted, however, that the evidence contained within the record did not show that Defendant had parked on a bridge. Instead, the record indicated that Defendant stopped at a toll plaza before proceeding onto the Newport Bridge. Finally, the Appeals Panel noted that the Defendant had been instructed by a toll plaza attendant to remain at the toll plaza until the police arrived. As a result, the Appeals Panel concluded that there was insufficient evidence to support a prima facie case for the violation of § 31-21-4. Accordingly, the Appeals Panel granted Defendant’s appeal and the charged violation was dismissed.

State of Rhode Island v. Richard W. Audette, No. 16-0034 (February 2, 2018).pdf