11/26/2008
The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-16-5 (turn signal required). The Defendant argued that the trial magistrate abused his discretion by crediting the Trooper’s testimony because although he admitted to not using his turn signal, he said he turned with reasonable safety to avoid an imminent accident. The Panel held that there was sufficient evidence that the Defendant did not turn with reasonable safety because the Trooper testified that he had to step on his brakes to avoid an accident with the Defendant. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the charged violation.
State of Rhode Island v. Michael O’Brien, C.A. T08-0135 (November 26, 2008).pdf