Appeals Panel
02/21/2022
State of Rhode Island v. Paris Centeio, No. T21-0020 Laned Roadway Violation
Laned Roadway Violation
The Defendant appealed a Trial Magistrate’s decision to sustain the charged violations of R.I G.L. 1956 §§ 31-14-2 (Speeding), 31-15-11 (Laned Roadway Violations), and 31-15-16 (Use of Breakdown Lane for Travel). A Rhode Island State Trooper testified to having seen a vehicle with Massachusetts plates “drive over a curb as it went from route 6 onto 95.” Additionally, the vehicle was seen switching in and out of traffic lanes without using a turn signal and going at an excessive speed. At trial, the Defendant argued that the trooper had presented false allegations and believed that his out of state plates were considered “when deciding to conduct a traffic stop.” The Trial Court found the Defendant guilty of all violations, and the Defendant appealed.
The Appeals Panel upheld the Trial Court’s decision. The Appeals Panel noted the requirements set out in Rhode Island General Laws §31-16-5: “(1) the roadway is divided into two or more lanes; (2) the vehicle did not operate as nearly as practical entirely within a single lane; and (3) the vehicle moved from the lane at a time that the move could not be made with safety.” The Appeals Panel found that these elements had been met as testimony from the trooper demonstrated that the Appellant had been switching between “two or more lanes,” that he did not “attempt to operate within a single lane,” and that it was unsafe to “change lanes without using a turn signal.” Due to these reasons, the Appeals Panel affirmed the Trial Court’s decision to sustain the charges for the laned roadway violations.
State of Rhode Island v. Paris Centeio, No. T21-0020 (February 21, 2022 ).pdf
Appeals Panel
02/21/2022
State of Rhode Island v. Paris Centeio, No. T21-0020 Radar/Laser Calibration
Radar/Laser Calibration
The Defendant appealed a Trial Magistrate’s decision to sustain the charged violations of R.I G.L. 1956 §§ 31-14-2 (Speeding), 31-15-11 (Laned Roadway Violations), and 31-15-16 (Use of Breakdown Lane for Travel). A Rhode Island State Trooper testified to having seen a vehicle with Massachusetts plates “drive over a curb as it went from route 6 onto 95.” Additionally, the vehicle was seen switching in and out of traffic lanes without using a turn signal and going at an excessive speed. The trooper activated the “radar unit” and noted that the vehicle was going “80 miles per-hour in a 55 mile per-hour zone.” The trooper testified that the “radar unit was calibrated internally using tuning forks, and prior to [his] shift, after [his] shift, and found to be in good working condition.” Further, the trooper testified to having received training on the radar unit. At trial, the Defendant argued that the trooper had presented false allegations and believed that his out of state plates were considered “when deciding to conduct a traffic stop.” The Trial Court found the Defendant guilty of all violations, and the Defendant appealed.
The Appeals Panel upheld the Trial Court’s decision. The Appeals Panel held that the requirements set out in State v. Sprague, 322 A.2d 36, 39-40 (1974), had been met because evidence showed that the radar unit had been checked for accuracy and the Trooper provided testimony as to his training on the use of the radar. Due to these facts the Appeals Panel upheld the Trial Court’s decision sustaining the speeding charge. State of Rhode Island v. Paris Centeio, No. T21-0020 (February 21, 2022 ).pdf