Crosswalk Violation

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-18-3 (right of way in crosswalks). The Central Falls Police Department conducted a traffic enforcement operation that targeted pedestrian safety in crosswalks. As vehicles entered a designated “safety zone,” a plain-clothed officer was tasked with crossing a roadway in a crosswalk. A separate officer was tasked with stopping and citing vehicles that did not yield for the officer in the crosswalk. Defendant argued that the trial judge’s decision was clearly erroneous because the record lacked sufficient evidence to sustain the charged violation. The Appeals Panel noted that § 31-18-3(a) requires a driver to “slow[] down or stop[] if need be to so yield” to a pedestrian “when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.” While the testimony revealed that the officer “was trying to cross the street,” the Appeals Panel held that the trial judge’s decision was clearly erroneous because the record lacked evidence “proving that [the crossing officer] was in the crosswalk at a location that would have required [Defendant] to yield the right of way, and evidence proving that [Defendant] did not yield that right of way by slowing down.” Accordingly, the Appeals Panel reversed the decision of the trial judge.

City of Central Falls v. Hirak Biswas, No. M17-0027 (July 31, 2018).pdf