RI District Court and Traffic Tribunal Case Law

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City of Cranston v. Thomas Mercurio, C.A. No. M09-0009 (May 20, 2009)

City of Cranston v. Thomas Mercurio, C.A. No. M09-0009 (May 20, 2009).pdf
Appeals Panel
05/20/2009
City of Cranston v. Thomas Mercurio, C.A. No. M09-0009 Obedience to Devices

Obedience to Devices

Defendant appealed the decision of the Cranston Municipal Court sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). Pursuant to § 31-41.1-6, the Court held that because the trial court did not include findings of fact in the record, the case must be remanded in order for the Municipal court to do so.City of Cranston v. Thomas Mercurio, C.A. No. M09-0009 (May 20, 2009).pdf

Appeals Panel
05/20/2009
City of Cranston v. Thomas Mercurio, C.A. No. M09-0009 Trial Procedure- Rule 18

Procedure

Defendant appealed the decision of the Cranston Municipal Court sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). Pursuant to Rule 18 of the Traffic Tribunal Rules of Procedure, the Court held that the defendant must be afforded an opportunity to address the trail judge or magistrate before the imposition of a sentence. Since the trial court did not afford the defendant this opportunity, the Court remanded the case in order for the defendant to be given an opportunity to do so.City of Cranston v. Thomas Mercurio, C.A. No. M09-0009 (May 20, 2009).pdf