Procedure

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Court held that the defendant was not prejudiced by the trial judge’s decision to proceed with the trial despite the defendant’s request for a continuance. The record did not show any abuse of discretion by the trial court when he denied the continuance, as defendant neither made a timely motion nor did he gave a compelling reason that showed the abuse of discretion by denying a continuance. Accordingly, the Court sustained the violation against the defendanat.

Town of South Kingstown v. Frederick Channing, C.A. T.10-0060 (December 8, 2010).pdf