RI District Court and Traffic Tribunal Case Law

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Town of South Kingstown v. Jon Lachapelle, C.A. No. T10-0045 Due Process

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-15-1 (right half of road). The Court held that, according to Dana v. Petit, 386 A.2d 189 (R. I. 1978), the right to drive and not the driver’s license is protected under the Due Process clause. Since the defendant was allowed to present his case in front of the trial judge and again in front of the Appeals Panel, the requirements of Due Process were satisfied.  Accordingly, the Court sustained the violation against the defendant.

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