RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Rosa Diarbian, No. T17-0006 (December 20,2018)

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-16-1 (care in starting from stop). After approaching a stop sign, Defendant noticed a vehicle approaching from the left, but attempted to cross the intersection anyway. Defendant’s vehicle was struck from the left by a driver who had the right of way. At trial, the patrolman who observed the scene of the accident testified that Defendant caused the accident by moving her vehicle in an “unsafe manner.” Defendant argued that there was insufficient evidence to support the trial judge’s decision. § 31-16-1 provides that “[n]o person shall start a vehicle which is stopped . . . unless and until the movement can be made with reasonable safety.” Based on the accident itself and Defendant’s admission to seeing the oncoming vehicle, the Appeals Panel held that the trial judge reasonably inferred that Defendant was “not able to proceed with reasonable safety.” Accordingly, the Appeals Panel affirmed the decision of the trial judge.

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