District Court
07/27/2006
City of Woonsocket v. Jorge Vargas, A.A. No. 05-0010 Due Process
Due Process
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-15-11 (laned roadway). The Court held that an officer is not precluded from issuing a summons if he or she is not present to observe the violation. Here, an off-duty officer observed a violation and another officer who did not observe the violation issued the summons. The Court held that this was appropriate, and accordingly, affirmed the decision of the trial judge sustaining the charge against the defendant.City of Woonsocket v. Jorge Vargas, A.A. No. 05-0010 (July 27, 2006).pdf
District Court
07/27/2006
City of Woonsocket v. Jorge Vargas, A.A. No. 05-0010 2nd summons issue
Summons
Defendant appealed the decision of the municipal judge sustaining the violation of R.I.G.L. 1956 § 31-15-11 (laned roadways). The defendant’s original appeal to the Appeals Panel was denied and the defendant subsequently appealed to the District Court. The Court held that an officer is not precluded from issuing a summons if he or she is not present to observe a violation. Here, an off-duty officer observed the violation and another officer who did not observe the violation issued the summons. The Court held that this was appropriate, and accordingly, affirmed the decision of the trial judge sustaining the violation against the defendant.
City of Woonsocket v. Jorge Vargas, A.A. No. 05-0010 (July 27, 2006).pdf
District Court
07/27/2006
City of Woonsocket v. Jorge Vargas, A.A. No. 05-0010 summons
Summons
Defendant appealed the decision of the municipal judge sustaining the violation of R.I.G.L. 1956 §31-15-11 (laned roadways). The defendant’s original appeal to the Appeals Panel was denied and defendant subsequently appealed to the District Court. The Court held that the citing officer’s signature on the front of the summons was sufficient. Here, although the officer did not sign the back of the summons, he did sign the front. Accordingly, the Court affirmed the decision of the trial judge sustaining the violation against the defendant.
City of Woonsocket v. Jorge Vargas, A.A. No. 05-0010 (July 27, 2006).pdf