RI District Court and Traffic Tribunal Case Law

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Brian R. Cunha v. State of Rhode Island, A.A. No. 03-80 Appeal

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit) and R.I.G.L. 1956 § 31-20-9 (obedience to stop signs). Defendant claimed that the state had no right to appeal because the defendant was exonerated on December 1, 2001, 4 days before an amendment on December 5, 2001, to Rule 21 of the Traffic Tribunal Rules of Procedure, that allowed the state a right to appeal. However, the District Court held that the amendment to Rule 21 did not establish the state’s right to appeal, but only clarified the state’s right to appeal. Accordingly, the Court sustained the violation against the defendant.

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