Appeals Panel
04/30/2015
State of Rhode Island v. Alla Hassan, C.A. No. T14-0053 (April 20, 2015)
Laned Roadway Violation
The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-15-11 (laned roadways). The Defendant argued that the State did not prove by clear and convincing evidence that the violation occurred. Here, the Detective testified that the Defendant’s vehicle changed lanes in a dangerous manner. The Panel held that because the relevant statute provides that a driver cannot cross lanes until it is safe to do so, the State presented sufficient testimony to meet the elements. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the violation.
State of Rhode Island v. Alla Hassan, C.A. No. T14-0053 (April 20, 2015).pdf
Appeals Panel
04/30/2015
State of Rhode Island v. Alla Hassan, C.A. No. T14-0053 (April 20, 2015)
Due Process
The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-15-11 (laned roadways). The Defendant argued that he did not have a fair opportunity to present his case because the trial magistrate appeared late to court. The Panel held that the trial transcript illustrates both that the Defendant had an opportunity to present his argument and that the trial magistrate considered the Defendant’s testimony before making a decision. Accordingly, the Panel held that the Defendant had a fair opportunity to make his case and upheld the trial magistrate’s decision to sustain the violation.
State of Rhode Island v. Alla Hassan, C.A. No. T14-0053 (April 20, 2015).pdf