Defendant appealed the decision of a Trial Judge sustaining a violation of R.I.G.L. 1956 § 31-18-5 (Crossing other than at crosswalks). Defendant, a pedestrian, was struck by a vehicle after crossing the street at a three-way intersection. The intersection Defendant walked through did not have a crosswalk. The responding officer spoke with Defendant and the vehicle operator. Then, the officer issued a citation to Defendant for failing to yield the right of way, where there was no crosswalk, by entering the intersection. The Trial Judge, finding that Defendant had been walking where there was no crosswalk, concluded that “that’s the City’s only burden, and therefore, . . . I do find her guilty of the charge.” The Appeals Panel, however, noted that the Trial Judge made no mention of whether he found that the defendant failed to yield the right of way to vehicles entering the roadway, as required by § 31-18-5. Accordingly, the Panel concluded that, without a finding with respect to that element, it was impossible to “pass upon the appropriateness of the order and the grounds upon which it rests.” The Appeals Panel further noted that the record contained no evidence regarding whether Defendant had, in fact, failed to yield the right of way, because there was no evidence detailing any actions taken by Defendant to discern whether she had a duty to yield the right of way prior to entering the roadway. Accordingly, the Appeals Panel found the Trial Judge’s decision clearly erroneous and granted Defendant’s appeal.
City of Woonsocket v. Stephanie Mello, No. M17-0001 (April 16, 2018)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions