Appeals Panel
12/17/2008
City of Warwick v. Michael Palmisciano, C.A. T08-0127 (December 17, 2008)
License on Person
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-10-27 (license to be carried and exhibited on demand) and § 31-47-9 (proof of financial security). The statute provides that no person charged with a violation shall be convicted if he or she produces in court a license that was valid at the time of the stop. The Defendant argued that he was unable to produce his license because he voluntarily surrendered it to the DMV prior to trial. The Panel held that it would be unjust to sustain the charge of failure to produce a license because the Defendant had previously surrendered it to the DMV. Accordingly, the Panel reversed the trial judge’s decision and dismissed the charged violation.
City of Warwick v. Michael Palmisciano, C.A. T08-0127 (December 17, 2008).pdf
Appeals Panel
12/17/2008
City of Warwick v. Michael Palmisciano, C.A. T08-0127 (December 17, 2008)
Operating without Insurance
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-10-27 (license to be carried and exhibited on demand) and § 31-47-9 (proof of financial security). The Defendant argued that the prosecution failed to prove that the Defendant knowingly operated without insurance given that the car was registered to someone else. The Panel held that the trial judge erred in sustaining the driving without insurance charge because there was no evidence that the Officer asked if the Defendant knew he was driving without insurance. Accordingly, the Panel reversed the trial judge’s decision and dismissed the charged violation.
City of Warwick v. Michael Palmisciano, C.A. T08-0127 (December 17, 2008).pdf