Summons

Defendant appealed the trial judge’s decision sustaining the charged violation of G.L. 1956 § 31-14-2(a) (prima facie limits).  Defendant argued that the charge should be dismissed because the Trooper who signed the summons was not the Trooper who witnessed and recorded the Defendant’s vehicle exceeding the speed limit.  The Trooper that signed the summons testified that he did not have personal knowledge that the Defendant was speeding, but rather that his partner recorded Defendant speeding and relayed that information and that he then stopped the Defendant and issued the citation.  The Panel explained that an error in a summons warrants dismissal only when the error misleads or prejudices the defendant.  The Panel noted that at trial, both Troopers testified to the events that led to the charge, one of whom was the Trooper that observed and recorded the Defendant speeding.  The Panel held that the mistake here did not mislead or prejudice defendant.  Accordingly, the Panel sustained the charged violation.

State of Rhode Island v. Linda Perrotti, C.A. No. T12-0048 (December 18,2012).pdf