Parking or Stopping Prohibited

Defendant appealed the decision of the Municipal Court sustaining the charged violation of  R.I.G.L. 1956 § 31-24-4 (places where parking or stopping prohibited).  At trial, the Officer testified that the Defendant was parked eight feet from the stop sign when the statute prohibits vehicles from parking within thirty feet of a stop sign.  The Defendant argued that the citation should be dismissed because the street lacked signage to inform motorists that parking in that area is prohibited.  The Panel noted that the trial judge made his decision after reviewing all of the evidence, which included the Officer’s testimony and by a picture that “shows the truck parked within 5 feet of the stop sign.”   The Panel explained that the Defendant’s arguments relate to questions of fact that were heard by the trial judge and that the Panel’s review is limited to questions of law.  The Panel explained that the trial judge properly held that the elements of the charge were met and, therefore, that the judge’s decision to sustain the charge was based upon legally competent evidence.  Accordingly, the Panel sustained the charged violation.

own of Johnston v. Brenda Marchetti, C.A. No. M12-0021 (June 25, 2013).pdf