Evidence

Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-41.3-10 (driver/registered owner liability). After reviewing video footage of Defendant traveling forty-six miles per hour in a twenty miles per hour zone, a police officer issued the appropriate citation. At trial, the trial judge concluded that the violation had been proven by clear and convincing evidence based on the officer’s testimony and an engineering manager’s testimony that the camera was properly functioning and that the radar was recently and properly calibrated.

On appeal, Defendant argued that the trial judge erred by refusing to admit certain evidence. Rhode Island Rule of Evidence 402 provides that evidence that is not relevant is not admissible. Here, the trial judge determined that evidence related to the reliability of other cameras, not the camera at issue in the case, was not relevant. The Appeals Panel refused to disturb the trial judge’s relevancy determination, which it found to be within the judge’s discretion. As such, the Appeals Panel held that the trial judge’s decision was not clearly erroneous. Accordingly, the Appeals Panel affirmed the trial judge’s decision.

State of Rhode island v. Andrew Nolan Proctor, No. M20-0005 (December 30, 2020).pdf