Summons

Defendant appealed the decision of a Trial Judge at the North Providence Municipal Court sustaining a violation of R.I. Gen. Laws 1956 § 31-14-2 (speeding). Defendant argued that his due process rights were violated because the summons he was issued indicated an incorrect address for where the traffic stop happened. The Appeals Panel, however, noted that Rule 3 of the Rhode Island Traffic Tribunal Rules of Procedure clearly states that “[a]n error or omission in the summons shall not be grounds . . . for dismissal of the charged violation(s), or for reversal of a conviction if the error or omission did not mislead the defendant to his or her prejudice.” The Appeals Panel found that because Defendant received accurate information regarding the charged violation and Defendant had proper notice of the charge against him since he received the summons during the traffic stop. Because the defendant was not “misled to his prejudice,” the Appeals Panel found that the Trial Judge’s decision was not made in violation of constitutional or statutory provisions. Accordingly, Defendant’s appeal was denied and the charged violation sustained.

State of Rhode Island v. Kenton Smith, No. M17-0006 (April 12, 2018).pdf