RI District Court and Traffic Tribunal Case Law

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City of East Providence v. James Folan, C.A. No. M13-0016 Sixth Amendment

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-22-22 (safety belt use). Defendant argued that his due process rights were violated because he had additional questions for the officer that he was not allowed to ask on cross-examination. However, the Appeals Panel held that these questions were not raised or asked at trial. Following the “raise-or-waive” rule, the Court held that it was precluded from considering on appeal issues not properly presented before the trial court. Accordingly, the Court sustained the violation against the defendant.

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