RI District Court and Traffic Tribunal Case Law

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Aysia Rivers v. City of Providence, A.A. No. 14-0019 (February 25, 2015)

Defendant appealed the judgment of the Appeals Panel affirming the trial magistrate’s verdict sustaining the violation of R.I.G.L. 1956 § 31-15-5 (overtaking on the right). The Defendant argued that the Officer’s testimony exceeded the bounds of lay-opinion testimony and was improper because the Officer was permitted to state his conclusions regarding the circumstances of the accident. The District Court concluded that the Officer’s opinion was rationally based on the perception of the witness and helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue, pursuant to Rule 701 of the Rhode Island Rules of Evidence. The Court also concluded, pursuant to the factors set out in State v. Bettencourt, 723 A.2d 1101 (R.I. 1999), that the facts upon which the Officer’s opinion was based were such that they could not be reproduced precisely and that people could readily understand them. As such, the Court held that the opinion testimony was properly admitted. Accordingly, the Court sustained the violation against the Defendant.

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