Obedience to Devices

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices). Defendant claimed that the state failed to prove that the defendant violated § 31-13-4 by clear and convincing evidence. The Court held that the traffic device indicated that “commercial vehicles weighing over 18 tons and having two or more axles” were required to exit before crossing the Pawtucket River Bridge. The Court held that the trooper failed to testify as to the specifications of the defendant’s vehicle and whether or not it met the requirements of the traffic device. Accordingly, the Court held that the state failed to prove the violation by clear and convincing evidence and dismissed the violation.State of Rhode Island v. Rusland Olkhovetskyy, C.A. T10-0071 (January 26, 2011)*.pdf