RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Francisco Espinal, C.A. No. T10-0049 Airport Regulations

Defendant appealed the decision of the trial court sustaining the violations of R.I.G.L. 1956 § 31-12-12 (power of local authorities), and Rhode Island Airport Corporation Regulation 2.2.2 (permitted use at the airport”). The Court held that because the defendant failed to raise the issue of federal anti-trust laws violation at trial he had waived that defense under the ‘raise-or-waive’ rule set out by the R.I. Supreme Court in Pollard v. Acer Group, 870 A.2d 429 (R.I. 2005) (quoting State v. Gatone, 698 A.2d 230, 242 (R.I. 1997)). Accordingly, the Court sustained the violation against the defendant.

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