Appeals Panel
08/27/2015
City of Woonsocket v. Nathan Belisle, C.A. No. T15-0015 (August 27, 2015)
Summons
The Defendant appealed the trial magistrate’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-47-9 (operating without evidence of insurance), R.I.G.L. 1956 § 31-8-1 (operation of vehicles without evidence of insurance), R.I.G.L. 1956 § 31-27.1-4 (aggressive driving), R.I.G.L. 1956 § 31-14-2 (prima facie limits), R.I.G.L. 1956 § 31-16-5 (turn signal requires), R.I.G.L. 1956 § 31-13-4 (obedience to traffic control devices), R.I.G.L. 1956 § 31-20-9 (obedience to stop sign), and R.I.G.L. 1956 § 31-15-1 (right half of road). The Defendant argued that the trial magistrate erred in sustaining the violations for turn signal required, obedience to traffic control devices, and obedience to stop sign because the summonses misidentified the vehicle and the summonses were given to the Defendant after the motor vehicle stop. The Panel held that the procedure was not unlawful because, although the summonses mislabeled the vehicle, the Defendant was not misled by the error. The Panel further held the procedure was not unlawful where the summonses were properly served to the Defendant’s residence. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the charged violations because the procedure was not unlawful and the Defendant’s substantial rights had not been violated.
City of Woonsocket v. Nathan Belisle, C.A. No. T15-0015 (August 27, 2015).pdf
Appeals Panel
08/27/2015
City of Woonsocket v. Nathan Belisle, C.A. No. T15-0015 (August 27, 2015)
Aggressive Driving
The Defendant appealed the trial magistrate’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-47-9 (operating without evidence of insurance), R.I.G.L. 1956 § 31-8-1 (operation of vehicles without evidence of insurance), R.I.G.L. 1956 § 31-27.1-4 (aggressive driving), R.I.G.L. 1956 § 31-14-2 (prima facie limits), R.I.G.L. 1956 § 31-16-5 (turn signal requires), R.I.G.L. 1956 § 31-13-4 (obedience to traffic control devices), R.I.G.L. 1956 § 31-20-9 (obedience to stop sign), and R.I.G.L. 1956 § 31-15-1 (right half of road). The Defendant argued that the trial magistrate erred in sustaining the speeding and aggressive driving violations because there was insufficient evidence to support the speeding violation and, in order to sustain an aggressive driving violation, there must be a sufficient speeding violation. The Panel agreed that there must be a speeding violation in order to sustain an aggressive driving violation. The Panel held that because there was insufficient evidence to support the speeding violation, the trial magistrate erred in sustaining both the speeding and aggressive driving violations. Accordingly, the Panel reversed the trial magistrate’s decision and dismissed the charged violations of aggressive driving and speeding.
City of Woonsocket v. Nathan Belisle, C.A. No. T15-0015 (August 27, 2015).pdf
Appeals Panel
08/27/2015
City of Woonsocket v. Nathan Belisle, C.A. No. T15-0015 (August 27, 2015)
Speeding
The Defendant appealed the trial magistrate’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-47-9 (operating without evidence of insurance), R.I.G.L. 1956 § 31-8-1 (operation of vehicles without evidence of insurance), R.I.G.L. 1956 § 31-27.1-4 (aggressive driving), R.I.G.L. 1956 § 31-14-2 (prima facie limits), R.I.G.L. 1956 § 31-16-5 (turn signal requires), R.I.G.L. 1956 § 31-13-4 (obedience to traffic control devices), R.I.G.L. 1956 § 31-20-9 (obedience to stop sign), and R.I.G.L. 1956 § 31-15-1 (right half of road). The Defendant argued that the trial magistrate erred in sustaining the speeding violation because “although the Officer testified to his training, there was no evidence presented as to how he estimated [the Defendant’s] speed or that the speedometer used to estimate [the Defendant’s] speed was tested.” Accordingly, the Panel reversed the trial magistrate’s decision and dismissed the speeding violation.
City of Woonsocket v. Nathan Belisle, C.A. No. T15-0015 (August 27, 2015).pdf