RI District Court and Traffic Tribunal Case Law

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City of Providence v. Arthur Toegemann, C.A. No. T09-0114 (December 9, 2009) School Bus Violations

Defendant appealed the decision of the hearing judge denying a motion for relief from judgment for the violation of R.I.G.L. § 31-20-12 (stopping for school bus required). Section 31-20-12 requires that a motorist stop for a school bus transporting children while flashing lights are engaged, but § 31-20-13 allows the motorist to pass when the motorist and bus are traveling in opposite lanes and separated by a median.  Defendant argued that he suffered prejudice because the two statutes are in conflict with each other.  The Panel held that the two statutes anticipate each other and operate to give effect to the Legislature’s intent to reduce highway fatalities through increased caution when operating motor vehicles in the vicinity of school buses.  The Panel held that the Defendant suffered no prejudice and sustained the charged violation.

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