RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Tayla Northup, No. T19-0016 (January 9, 2020)

State of Rhode Island v. Tayla Northup, No. T19-0016 (January 9, 2020).pdf
Appeals Panel
01/09/2020
State of Rhode Island v. Tayla Northup, No. T19-0016 (January 9, 2020)

Procedure

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-14-2 (prima facie limits). The officer did not provide any testimony regarding her training on the use of a radar device, a necessary requirement for the charge to be sustained, until prompted by the trial judge’s question “Did you go to school?” Defendant argued that the trial judge’s question was improper. Although a court may interrogate witnesses, judicial interrogation is limited to clarification of confusing matters for the judge or jury. State v. Nelson, 982 A.2d 602, 617 (R.I. 2009). Here, the trial judge’s question did not seek to clarify confusing testimony, but instead improperly assisted the prosecution in satisfying an element of the charged violation. Accordingly, the Appeals Panel reversed the decision of the trial judge and dismissed the violation.

State of Rhode Island v. Tayla Northup, No. T19-0016 (January 9, 2020).pdf

Appeals Panel
01/09/2020
State of Rhode Island v. Tayla Northup, No. T19-0016 (January 9, 2020)

Speeding

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-14-2 (prima facie limits). Defendant argued that the prosecution did not meet its burden of proof because the testifying officer failed to state that she possessed training and experience in the use of a radar unit. In order for a radar unit reading to be admissible at trial, the testifying officer must state that the unit was tested within a reasonable time by an appropriate method, and the officer must set forth her training and experience in the use of a radar unit. State v. Sprague, 322 A.2d 36, 39-40 (R.I. 1974). The Appeals Panel held that the prosecution did not meet its burden of proof because the testifying officer failed to state that she possessed training and experience in the use of a radar unit. Accordingly, the Appeals Panel reversed the decision of the trial judge.

State of Rhode Island v. Tayla Northup, No. T19-0016 (January 9, 2020).pdf