02/13/2013
Defendant appealed the trial magistrate’s decision denying his motion to vacate a default judgment against him for the charged violations of R.I.G.L. 1956 § 31-47-9, “Operating a motor vehicle without evidence of insurance,” § 31-3-1, “Operation of unregistered motor vehicle,” and § 31-8-3, “Improper use of evidences of registration or certificate of title.” Specifically, Defendant argued that his absence from his initial hearing should be excused because he was late for the hearing and that he was the victim of fraud because he was not the person who received the citation. First, the Panel held that the Defendant did not present any evidence showing that he was late for the hearing due to some reason beyond his control. Second, the Panel held that the Defendant did not present evidence showing he was the victim of fraud; the Defendant claimed he was mailed the citation, but the court noted that the citation was of the type that is typically handed to a violator in person. The Panel held that the trial magistrate’s decision was not an abuse of discretion. Accordingly, the Panel sustained the charged violations.
City of Providence v. Ramon Minaya, C.A. No. T13-0004 (February 13, 2013).pdf