09/14/2011
Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L 1956 § 31-16-5 (turn signal requred) and R.I.G.L. 1956 § 31-23.3-2 (windshields and windows obscured by nontransparent materials). The Appeals Panel held that the officer’s testimony did not go into any detail about the conditions surrounding the traffic stop; thus, it was not proven that the defendant’s failure to use his turn signal affected traffic. Additionally, the Court held that an element of § 31-23.3-3 requires that the defendant owned the vehicle. Here, the defendant was not the owner. Accordingly, the Court dismissed the violatons.
City of Cranston v. Jose Rodriguez, C.A. No. T11-0047 (September 14, 2011).pdf