Appeals Panel
12/03/2008
City of Cranston v. Krisel Baumet, C.A. T08-0134 (December 3, 2008)
Speeding
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-14-2 (prima facie limits), § 31-16-5 (turn signal required), and § 31-22-22 (safety belt use – child restraint). The Panel held that the trial judge erred in upholding the speeding charge because, although the Officer testified that his radar unit had been properly calibrated, he failed to testify that he was qualified to operate the radar unit. Accordingly, the Panel dismissed the speeding violation.
City of Cranston v. Krisel Baumet, C.A. T08-0134 (December 3, 2008).pdf
Appeals Panel
12/03/2008
City of Cranston v. Krisel Baumet, C.A. T08-0134 (December 3, 2008)
Turn Signal Required
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-14-2 (prima facie limits), § 31-16-5 (turn signal required), and § 31-22-22 (safety belt use – child restraint). The Panel held that the trial judge’s decision to uphold the turn signal violation was clearly erroneous because, while there was testimony that the Defendant failed to use a turn signal, there was no evidence that the movement of the Defendant’s vehicle was without reasonable safety. Accordingly, the Panel dismissed the turn signal required violation.
City of Cranston v. Krisel Baumet, C.A. T08-0134 (December 3, 2008).pdf