RI District Court and Traffic Tribunal Case Law

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City of Cranston v. In Re- Richard W. Audette, C.A. No. T14-0036 (March 30, 2015)

The Defendant appealed a default judgment entered by the trial magistrate, sustaining the charged violations of R.I.G.L. 1956 § 31-10-1 (no license on person), § 31-22-22(g) (no seat belt-operator), § 31-21-4 (places where parking or stopping prohibited), § 31-15-12.1 (entering intersection), and § 31-47-9 (operating a motor vehicle without evidence of insurance). The Defendant argued that his due process rights were violated because he was not allowed the fundamental right to a fair trial. The Panel held that though the Defendant failed to appear at his arraignment, because he presented evidence in his defense as two of the violations – § 31-10-1 (no license on person) and § 31-47-9 (operating a vehicle without evidence of insurance) – in the interest of justice, those two violations must be dismissed. Accordingly, after reviewing the totality of the circumstances, the Panel denied the Defendant’s appeal in part and granted it in part.

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