Defendant appealed the decision of the Appeals Panel claiming it erred when it affirmed the trial judge’s verdict finding him guilty of violating R.I.G.L. 1956 § 31-20-12 (Stopping For School Bus Required). Defendant claimed that the citation must be dismissed because he passed the bus while it was in Pawtucket and therefore the Lincoln Officer had no jurisdiction to issue a citation for an offense committed outside the town of Lincoln. The District Court reviewed the trial record transmitted to it by the RITT and noted many significant portions of the testimony regarding the location of the school bus at the time defendant committed the offense were missing. The District Court pointed out the ambiguity and conflicting testimony regarding the precise location of the school bus, ultimately holding that the City did not prove by clear and convincing evidence that the offense was committed in the officer’s jurisdiction (Lincoln), but more likely was committed in Pawtucket. Further, although the Lincoln officer testified he stopped defendant and issued the citation in Lincoln, his testimony describing his location tended to show that the officer must have been in Pawtucket, not Lincoln, when writing the citation. Because failing to stop for a school bus is a civil violation not subject to arrest, the Court held the officer did not have authority to pursue the defendant into Pawtucket to issue the citation. Accordingly, the District Court held that the Appeals Panel decision was contrary to law and clearly erroneous in view of the record, and reversed the decision of the Appeals Panel.
Christopher Cartwright v. State of Rhode Island, A.A. No. 13-200 Jurisdiction of Police Officers
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions