School Bus Violations

Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-51-2.2 (stopping for school bus required—digital video). At trial, a video recording showed Defendant’s vehicle passing a stopped school bus whose red lights were activated. Also, Defendant admitted to passing the stopped school bus.

On appeal, Defendant argued that the trial judge erred because Defendant did not have enough time to stop for the school bus. But whether a driver has a reasonable amount of time to stop for a school bus is not an element of the statute. As such, the Appeals Panel held that the trial judge’s decision was not clearly erroneous. Accordingly, the Appeals Panel affirmed the trial judge’s decision.

State of Rhode Island v. George Delany, No. T19-0008 (July 17, 2019).pdf

School Bus Violations

Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-51-2.2 (stopping for school bus required—digital video). At trial, a video recording showed Defendant’s vehicle passing a stopped school bus whose red lights were activated. Also, Defendant admitted to passing the stopped school bus. On appeal, Defendant argued that the trial judge erred because there was insufficient evidence to sustain the charged violation.

Under § 31-41-2.2, a person is guilty when the evidence presented at trial shows that a school bus’s flashing red lights were activated and the driver failed to stop before reaching the school bus. Here, the video presented at trial clearly demonstrated that the school bus’s flashing red lights were activated. Moreover, Defendant admitted to passing the school bus. As such, the Appeals Panel held that the trial judge’s decision was supported by sufficient evidence. Accordingly, the Appeals Panel affirmed the trial judge’s decision.

State of Rhode Island v. George Delany, No. T19-0008 (July 17, 2019).pdf