Defendant appealed a trial magistrate’s decision sustaining a violation of G.L. 1956 § 31-13-4 (obedience to traffic control devices). At trial, a state trooper presented uncontroverted testimony establishing that he had observed Defendant take a left turn through a red arrow. When the trial magistrate asked Defendant if he had any testimony to present, Defendant responded: “[M]y intention today is not to testify.”  On appeal, Defendant argued that the trial magistrate’s decision violated Defendant’s due process rights because the trial magistrate did not afford Defendant an opportunity to testify at trial.

Procedural due process requires that a defendant be provided an opportunity to present evidence. See State v. Pompey, 934 A.2d 201, 214 (R.I. 2007). Here, the record clearly shows that the trial magistrate offered Defendant an opportunity to present evidence. The trial magistrate explicitly asked Defendant if he had any testimony to present. As such, the Appeals Panel held that the trial magistrate’s decision did not violate Defendant’s due process rights. Accordingly, the Appeals Panel affirmed the trial magistrate’s decision.