Immediate Notice of Accident

The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-26-3.2 (immediate notice of accident) and R.I.G.L. 1956 § 31-15-11 (laned roadways). The Defendant testified that, after inadvertently driving over a raised center median, he did not contact the police because he did not believe he had been in an accident.  Instead, he left the vehicle to contact AAA for assistance.  The trial judge found that the evidence supported the charge, which requires a motorist, when his or her vehicle is “disabled as to prevent its normal and safe operation,” to “immediately by the quickest means of communication give notice of the accident to the nearest office of a duly authorized police authority.” The Panel held that the trial judge did not err because his decision was supported by the evidence. Accordingly, the Panel upheld the trial judge’s decision to sustain the charged violation.

State of Rhode Island v. James Hunnicutt, C.A. T08-0052 (June 18, 2008).pdf