RI District Court and Traffic Tribunal Case Law

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City of East Providence v. Cheryl Fogarty, No. T15-0024 Amended (February, 2016)

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Defendant argued that the Rhode Island Traffic Tribunal (“RITT”) did not have jurisdiction over the Defendant because the Defendant was never arraigned at RITT and the transfer from East Providence Municipal Court to RITT was improper. The Appeals Panel held that the Defendant did not have to be re-arraigned at the RITT because the Traffic Rules of Procedure do not require re-arraignment of the Defendant upon transfer to the RITT. The Appeals Panel further held that the transfer was not improper. Rule 14 of the Rhode Island Traffic Tribunal Rules of Procedure allow a municipal court to order the transfer of a case to RITT. In this case, the municipal court ordered the transfer to avoid the apparent appearance of impropriety after the Defendant made a motion to remove the municipal court judge assigned to the matter for allegedly engaging in an improper ex-parte communication with the Officer. Accordingly, the Appeals Panel affirmed the decision of the trial magistrate sustaining the violation against the Defendant. 

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