Operating without Insurance

Defendant appealed from a decision of the trial magistrate sustaining the charged violation of R.I.G.L. 1956 § 31-47-9 (operating a motor vehicle without insurance).  The Defendant asked for a continuance before trial because her attorney failed to appear.  The trial magistrate, stating that her attorney had not entered an appearance and that the officer was present, denied her request.  She argued that she was prejudiced because the trial magistrate denied her motion for a continuance and the Panel agreed.  The Panel noted that the trial magistrate was wrong when he said that the attorney had not yet entered an appearance and explained that, due to the nature of the charge and the severe implications of the sentence, the decision by trial judge to proceed without the Defendant’s attorney present was an abuse of discretion that substantially prejudiced the rights of Defendant.  Accordingly, the Panel remanded the case to the trial court.

City of Cranston v. Ciara Irace, C.A. No. T12-0077 (May 20, 2013).pdf