City of Cranston appealed decision of Appeals Panel which allowed Defendant to amend his appeal, and the decision also dismissed the charges against Defendant. Defendant had filed an appeal with respect to one of two consecutively numbered summonses that were tried on the same day. The municipal court reported that no audio recording of that proceeding was available and, on that basis, the Appeals Panel dismissed the charge in the summons. Defendant asked at the appeal to amend his appeal to include the other summons, which the Appeals Panel agreed to do and then dismissed the charges in that summons as well. The City appealed the ruling on the summons that had not been included in the original appeal. The City argued that Defendant failed to comply with G.L. 1956 § 31-41.1-8(d) (time limitations) because he failed to file an appeal in a timely manner, and he failed to show that his late appeal was justified by excusable neglect. Furthermore, the City argued that the Appeals Panel erred in finding that the audio recording for that summons was unavailable. The District Court held that the Appeals Panel failed to specify the authority it relied upon to permit the amended appeal, and the Panel failed to specify the discretionary standard it applied in allowing the amended appeal. The Court also held that there was no factual basis upon which it could conclude that there was no audio recording available. Accordingly, the Appeals Panel’s decision was vacated and the case remanded to the Appeals Panel.
City of Cranston v State of Rhode Island, A.A. No. 18-183 (March 25, 2020)
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