Overtaking on Right

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-15-5(a) (overtaking on right).  The Appeals Panel held that the evidence was insufficient to prove that the defendant overtook and passed another vehicle because there was no evidence presented at trial that the defendant was attempting to pass the other vehicle and the defendant testified at trial that he was trying to go into the left lane and did not attempt to pass through the intersection while in the right lane.  Accordingly, the Court reversed the decision of the trial judge and dismissed the violation.

City of Pawtucket v. William Gallagher, C.A. No. M12-0014 (January 2, 2013).pdf