RI District Court and Traffic Tribunal Case Law

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Town of Middletown v. Kyle DeCosta, C.A. No. M13-0020 Summons

Defendant appealed the trial judge’s decision sustaining the charged violation of G.L. 1956 § 31-14-2(a), “Prima facie limits.”  Defendant claimed the trial judge should have approved defendant’s motion to dismiss because the summons misidentified the make of defendant’s vehicle.  The Panel explained that an error in a summons warrants dismissal only when the error misleads or prejudices the defendant.  The Panel noted that the trial judge was satisfied that the summons apprised the defendant of the charge and, therefore, that it did not mislead or prejudice defendant.  Accordingly, the Panel sustained the charged violation.

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