Burden of Proof

The Defendant appealed the trial judge’s decision to sustain the charged violation of R.I.G.L. 1956 § 24-10-20 (park and ride lots). The Panel noted that pursuant to Rule 17, the prosecution was required to prove by clear and convincing evidence that the Defendant did not utilize the park and ride lot for its intended purpose of facilitating access to and from public transportation. At the trial, the trial judge found that the officer’s testimony established a prima facie case and that it was up to the Defendant to present mitigating facts. The Panel held that the trial judge improperly shifted the burden to the Defendant. Accordingly, the Panel reversed the trial judge’s decision to sustain the charged violation.

State of Rhode Island v. Ralph Marden, C.A. T08-0120 (October 29, 2008).pdf