08/12/2015
The Defendant appealed the trial magistrate’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-22-2.1 (presence of alcoholic beverages while operating or riding in a vehicle), R.I.G.L. 1956 § 31-22-22 (safety belt use), and R.I.G.L 1956 § 31-21-1 (stopping on traveled portion of open highway prohibited). Here, the Defendant filed a motion to vacate a default judgment entered by the trial magistrate after he failed to appeal for his hearing date. The Defendant argued that he did appear but was in the wrong courtroom. The trial magistrate denied the Defendant’s motion, finding that he had not provided the court with a legally sufficient reason for missing his court date. The Panel noted that a magistrate may enter a default judgment after a person charged with a violation fails to appear, but must then determine if the charged violations had been established based on the evidence presented. The Panel held that the record lacked information to determine whether there was sufficient evidence to establish the charges against the Defendant. Accordingly, the Panel vacated the default judgment and remanded the case for a new trial.
City of Providence v. Freddy R. Mago, C.A. No. T14-0054 (August 12, 2015).pdf