RI District Court and Traffic Tribunal Case Law

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Town of Middletown v. Marvette Neal, C.A. No. T14-0032 (April 29, 2015)

Town of Middletown v. Marvette Neal, C.A. No. T14-0032 (April 29, 2015).pdf
Appeals Panel
04/29/2015
Town of Middletown v. Marvette Neal, C.A. No. T14-0032 (April 29, 2015)

Credibility

The Defendant appealed the trial magistrate’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-14-2 (speed over 11 miles per house) and § 31-15-11 (laned roadway violations). The Defendant argued that the trial magistrate erred in believing the Officer’s testimony over his own. The Panel held that since the trial magistrate determined that the Officer’s testimony was credible and sufficient to sustain the changed violation, the trial magistrate did not err in sustaining the violation. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the violation.

Town of Middletown v. Marvette Neal, C.A. No. T14-0032 (April 29, 2015).pdf

Appeals Panel
04/29/2015
Town of Middletown v. Marvette Neal, C.A. No. T14-0032 (April 29, 2015)

Constitutional Issues

The Defendant appealed the trial magistrate’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-14-2 (speed over 11 miles per hour), and § 31-15-11 (laned roadway violations). The Defendant argued that he was the victim of racial profiling because he was stopped solely due to his race. The Panel held that since there was no evidence on the record to suggest that the Defendant was stopped for any reason beside speeding and leaving the lane of travel, the charged violation would be sustained.

Town of Middletown v. Marvette Neal, C.A. No. T14-0032 (April 29, 2015).pdf