Obedience to Devices

The Defendant appealed the trial judge’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). Here, the Trooper stopped the Defendant for traveling over a bridge with a load in excess of the posted 22-ton weight limit. The Trooper did not have weighing scales to independently measure the vehicle’s actual weight and instead relied on the bill of lading to cite the Defendant for the violation. The Defendant testified that she had delivered part of her load and, without an independent weight measurement of her vehicle at the time of the stop, there was insufficient evidence to prove the charged violation by clear and convincing evidence. The Panel held that the standard of clear and convincing evidence was not met due to the absence of the Trooper’s independent weight measurement. Accordingly, the Panel reversed the trial judge’s decision and dismissed the charged violation.

State of Rhode Island v. Ann Gordon, C.A. T08-0067 (August 6, 2008).pdf