Obedience to Devices

Defendant appealed the decision of trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). The Appeals Panel held that the standard of clear and convincing evidence means that the truth of the facts asserted must be “highly probable.” The Court held that where there was no direct evidence that the defendant drove past the street signs prohibiting his truck from crossing the Pawtucket River Bridge, the states burden was satisfied where the defendant failed to offer any evidence to rebut the inference that he did so. Accordingly, the Court affirmed the decision of the trial magistrate.

State of Rhode Island v. Bert Salva, C.A. No. T09-0073 (January 28, 2010).pdf