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 he was not provided with full discovery, a request for which he claimed had been granted by the East Providence Municipal Court. The Appeals Panel held that the Defendant never was granted discovery by the East Providence Municipal Court because, while the Defendant orally requested discovery, he never filed a written request. Under the Rhode Island Traffic Tribunal Rules of Procedure 11(e), a motion or written request for discovery must be made within fourteen (14) days after the first appearance. Since the Defendant failed to make a written request within the 14 day period, the Defendant could not argue that he was prejudiced by any lack of discovery. Accordingly, the Appeals Panel affirmed the decision of the trial magistrate sustaining the violation against the Defendant.  

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