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 the trial magistrate violated Rule 7 of the Traffic Tribunal Rules because he should not have entered a default judgment when the Defendant refused to offer a plea. The Panel held that because the Defendant appeared in his capacity as beneficiary to the trust and not as the licensed operator, Rule 7 did not apply. Accordingly, the Panel upheld the trial magistrate’s decision to enter a default judgment.

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