RI District Court and Traffic Tribunal Case Law

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City of Woonsocket v. Jorge Vargas, A.A. No. 05-0010 2nd summons issue

Defendant appealed the decision of the municipal judge sustaining the violation of R.I.G.L. 1956 § 31-15-11 (laned roadways). The defendant’s original appeal to the Appeals Panel was denied and the defendant subsequently appealed to the District Court. The Court held that an officer is not precluded from issuing a summons if he or she is not present to observe a violation. Here, an off-duty officer observed the violation and another officer who did not observe the violation issued the summons. The Court held that this was appropriate, and accordingly, affirmed the decision of the trial judge sustaining the violation against the defendant.

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