Crosswalk Violation

Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-18-3 (right-of-way in crosswalk). Westerly police officers conducted a crosswalk safety operation aimed at citing vehicles that failed to yield to pedestrians in crosswalks. Defendant was cited during such a crosswalk safety operation. On appeal, Defendant argued that the trial judge erred because the police officer was not in the half of the roadway in which her vehicle was traveling.

The relevant statute provided that a vehicle should yield to a pedestrian in a crosswalk when “the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.” See § 31-18-3(a). Here, the record lacked evidence proving that the pedestrian was at a point in the crosswalk that required Defendant to yield because there was no evidence demonstrating where the pedestrian was in the road when Defendant drove through the crosswalk. As such, the Appeals Panel held that the evidence was insufficient to sustain the charge and that the trial judge’s decision was clearly erroneous. Accordingly, the Appeals Panel reversed the trial judge’s decision.

Town of Westerly v. Sharleen Rustici, No. M19-0006 (August 22, 2019).pdf