School Bus Violations

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-51-2.2 (stopping for school bus required). Defendant claimed the decision of the trial judge was clearly erroneous because the evidence produced at trial did not show that the defendant failed to stop before reaching the school bus. Section 31-51-2.2 requires that a vehicle stop “before reaching a bus” when flashing red lights are engaged. Here, although the record supported the decision of the trial judge that the defendant failed to stop at the stop sign attached to the bus, the record did not support the conclusion that the defendant failed to stop before her car reached the bus, or that the red lights were in operation at the time the defendant began to pass the bus. Accordingly, the Appeals Panel held that the decision of the trial judge was clearly erroneous and dismissed the violation.City of Providence v. Bianca MaDonna, C.A. No. T13-0009 (August 26, 2013).pdf