Default Judgment

Defendant appealed the decision of the magistrate sustaining the violation of R.I.G.L. 1956 § 31-15-5 (turn signal required), R.I.G.L. 1956 § 31-22-22 (g) (no seat belt operator), R.I.G.L. 1956 § 31-22-24 (interior lights to be operated before dawn and after dusk during police stop) and R.I.G.L. 1956 § 31-10-27 (license to be carried and exhibited on demand) entered in default. Defendant claimed the decision of the magistrate denying a motion to vacate was an abuse of discretion. The Appeals Panel concluded that the magistrate abused his discretion denying a motion to vacate where the seventy-three-year-old defendant’s failure to appear because he was stuck in his yard was the result of some unexpected or unavoidable hindrance or accident. Accordingly, the Appeals Panel remanded the case for further proceedings. Town of Tiverton v. Edward Berube C.A. No. T13-0029.pdf