Appellate Procedure

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-22-30 (text messaging while operating a motor vehicle). Defendant argued that § 31-22-30 does not prohibit the use of a mobile device to make telephone calls using the speaker function, and, therefore, the trial judge’s decision was clearly erroneous. The trial judge did not make a specific finding of fact as to whether Defendant was texting or making a phone call when the police officer observed Defendant operating the vehicle. The Appeals Panel held that without a clear and unambiguous answer to that question, the decision on appeal could not properly be reviewed. Accordingly, the Appeals Panel remanded the case for the trial judge to make appropriate findings of fact.

State of Rhode Island v. Alyssa R. Alvarez, No. T17-0008 (June 8, 2018).pdf