Text Messaging While Driving

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-22-30 (text messaging while operating a motor vehicle). Defendant claimed that the prosecution failed to prove an element of the offense that the defendant was texting on a public roadway. The Airport Police Department at the T.F. Green Airport issued the violation when the Officer saw the defendant enter the “arrivals” roadway and the Officer saw the defendant manipulating an electronic device with both thumbs. Following R.I.G.L. 1956 § 31-22-30, the District Court held that the prosecution was required to prove that the roadway was a public roadway. The court further held that the prosecution had failed to prove this element. Accordingly, the decision of the Appeals Panel sustaining the violation was reversed. 

Barry Cook v. State of Rhode Island, A.A. No. 15-68 (February 29, 2016).pdf