Hearsay

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-15-4 (“overtaking on the left”). Defendant argued that the trial court erred in admitting hearsay evidence. Defendant was accused of overtaking a Freightliner truck on the left, resulting in an accident. At trial, the trooper gave the Freightliner operator’s version of events and the magistrate admitted this evidence only for a limited purpose and not for its truth. Following Rule 801(c) of the Rhode Island Rules of Evidence, the Appeals Panel held that this limitation meant that the testimony was not hearsay and, therefore, that the testimony was properly admitted. Additionally, even though the operator of the Freightliner never testified, the Appeals Panel found no evidence that the trial court relied upon this testimony in making his decision. Accordingly the Trial Court’s decision was affirmed.

State of Rhode Island v. Vernon S. Lawrence, No. T16-0002 (March 30, 2016).pdf