Obedience to Devices

The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-13-4 (obedience to traffic control devices). The Defendant argued that the trial magistrate’s decision to sustain the charged violation was an error of law because the statute requires proof that a traffic signal was red when the vehicle entered the intersection. Here, the Defendant and the Officer both testified that the traffic signal was yellow when the Defendant entered the intersection. The Panel held that since the traffic signal was yellow when the Defendant entered the intersection, the Defendant did not violate the statute. Accordingly, the Panel granted the Defendant’s appeal and dismissed the charged violation.

Town of Smithfield v. Gregory J. Degnan, C.A. No. T14-0063 (April 27, 2015).pdf