RI District Court and Traffic Tribunal Case Law

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City of Providence v. Stephen Gill, No. M16-0003 (April 17, 2018)

City of Providence v. Stephen Gill, No. M16-0003 (April 17, 2018).pdf
Appeals Panel
04/17/2018
City of Providence v. Stephen Gill, No. M16-0003 (April 17, 2018)

Obedience to Devices

Defendant appealed a decision by a Providence Municipal Court Judge sustaining a violation of R.I.G.L. 1956 § 31-13-4 (Obedience to devices). An automated traffic camera captured a photograph of Defendant’s vehicle traveling through an intersection after the traffic light signaled red. Defendant argued that he was not the person driving the vehicle at the time of the alleged violation, and so it was clearly erroneous to uphold the citation as it relates to Defendant. Because Defendant had not had a full hearing on the issue, the Panel could not properly address Defendant’s argument that the statute was ambiguous as it related to the presumption of operation based on ownership. The citation was dismissed on other grounds and this issue was not decided. In a footnote, however, the Panel noted what it called a “latent ambiguity” contained within the automatic traffic camera statute. The statute enables the issuance of a traffic summons based on a photograph captured by a red light camera, but the substantive traffic violation that may be charged is § 31-13-4, Obedience to Devices. “The ambiguity arises from the fact that the [automated traffic camera] statute enables a police department to charge the owner of a vehicle with violating § 31-13-4, but to sustain a violation under § 31-13-4 the prosecution must establish by clear and convincing evidence that the driver of the vehicle failed to obey a traffic control device” (emphasis added).

City of Providence v. Stephen Gill, No. M16-0003 (April 17, 2018).pdf

Appeals Panel
04/17/2018
City of Providence v. Stephen Gill, No. M16-0003 (April 17, 2018)

Constitutional Issues

Defendant appealed a decision by a Providence Municipal Court Judge sustaining a violation of R.I.G.L. 1956 § 31-13-4 (Obedience to devices). An automated traffic camera captured a photograph of Defendant’s vehicle traveling through an intersection after the traffic light signaled red. At his arraignment Defendant attempted to plead not guilty, but the judge, after viewing a video, refused to accept the not guilty plea and instead entered a plea of guilty. Defendant argued that his procedural due process rights were violated because the lower court judge did not accept his not guilty plea or provide him with the right to present a defense. The Appeals Panel further noted that because no witness testified on behalf of the Providence Police Department, Defendant was deprived of any opportunity for cross-examination. Accordingly, the Appeals Panel found that Defendant did not receive a fair and adequate legal proceeding that satisfied the guarantees of procedural due process. The Appeals Panel granted Defendant’s appeal and dismissed the charged violation.

City of Providence v. Stephen Gill, No. M16-0003 (April 17, 2018).pdf