Overtaking on Right

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-15-5 (overtaking on the right). After passing a vehicle on the right, Defendant was involved in an automobile accident with a police cruiser. Defendant argued that she was permitted to pass on the right because she was operating her vehicle within a permitted lane of travel and, pursuant to G.L. § 31-15-5(b), she was permitted to pass on the right “under conditions permitting the movement in safety.” She further argued that the police cruiser had entered the roadway without properly yielding the right-of-way. The Appeals Panel held that the evidence did not indicate that Defendant exited the lane of travel to pass a police cruiser tor that the police cruiser, which did not have the right-of-way, had come to a full stop. Accordingly, the Appeals Panel reversed the decision of the trial judge. 

M19-0014 State of Rhode Island v. Rosemarie Aponte-Martinez, No. M19-0014 (January 16, 2020).pdf