Due Process

Defendant appealed the decision of the trial magistrate sustaining the charged violation of R.I.G.L. 1956 § 31-14-2 (prima Facie Limits).  Defendant argued that the trial magistrate’s decision was in violation of Constitutional provisions because his guilty plea was not made knowingly, intelligently, and voluntarily due to his unfamiliarity with the English language.  The Panel explained that a court must consider the totality of the circumstances when determining whether a guilty plea is made knowingly, intelligently, and voluntarily.  Here, the Panel noted that the trial magistrate twice asked the Defendant if he understood English and twice he answered “Yes.”  Additionally, the Panel explained that the Defendant had numerous speeding tickets on his record and thus had some experience with the traffic tribunal.  Based on the Defendant’s testimony that he understood English and his frequency with the tribunal, the Panel held that his guilty plea was made knowingly, intelligently, and voluntarily under the totality of the circumstances.  Accordingly, the Panel sustained the charged violation.

State of Rhode Island v. Xiangmin Ou, C.A. No. T12-0084 (June 6, 2013).pdf