Hearsay

Defendant appealed the Appeals Panel decision sustaining the defendant’s violation of R.I.G.L. 1956 § 31-15-4 (“overtaking on left”). Defendant argued that the Rhode Island Traffic Tribunal erred in admitting hearsay evidence. Defendant was accused of overtaking a Freightliner truck on the left, resulting in an accident. At trial, the trooper gave the Freightliner operator’s version of events and the magistrate admitted this evidence only for a limited purpose and not for its truth. The District Court found no evidence that the trial magistrate relied upon this testimony in making his decision. Following Rule 801(c) of the Rhode Island Rules of Evidence, the District Court held that this testimony was not hearsay and, therefore, that the testimony was properly admitted. Accordingly the Appeal’s Panel’s decision was affirmed. 

Vernon Lawrence v. State of Rhode Island, A.A. No 16-47 (January 30, 2017).pdf