Care in Starting from Stop

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-16-1 (care in starting from stop). Defendant claimed that the trial judge erred by failing to make the requisite findings of fact required for a conviction of violating R.I.G.L. 1956 § 31-16-1. Section 31-16-1 states “[n]o person shall start a vehicle which is stopped, standing, or parked unless and until the movement can be made with reasonable safety.” (emphasis added). The trial judge concluded, based on the officer’s testimony, that the defendant revved his engine, screeched his tires, caused smoke or gravel to be thrown up from the road, and proceeded into the intersection at a high rate of speed. However, the Appeals Panel held that the trial judge failed to state findings of fact on the issue of reasonable safety. Accordingly, the Court held that the decision of the trial judge was affected by error of law and dismissed the violation against the defendant. City of Pawtucket v. Patrick Finnegan, C.A. No. M13-0012 (January 23, 2014).pdf