Defendant appealed the decision of the hearing judge denying a motion for relief from judgment for the violation of R.I.G.L. § 31-20-12 (stopping for school bus required). Defendant argued that the trial judge’s decision was an abuse of discretion because he was charged with violating a traffic control device which did not comply with the Federal “Manual on Uniform Traffic Control Devices” (MUTCD). The Panel noted that the Rhode Island State Traffic Commission adopted in its entirety the MUTCD. The Panel explained, however, that the MUTCD discusses only two traffic control devices relating to school busses —“turn ahead” and “stop ahead” signs — that should be installed in advance of places where school busses stop. The Panel held that no traffic control device enumerated in the MUTCD was at issue in this case, because the Defendant was charged appropriately under § 31-20-12, which states that a motorists shall stop before reaching a bus when the bus’s red flashing lights are operational. The Panel also held that because the Defendant did not raise this argument at trial, it fails due to the raise or waive rule. Accordingly, the Panel held that the trial judge’s decision was not an abuse of discretion, denied the motion for relief from judgment, and sustained the violation.
City of Providence v. Arthur Toegemann, C.A. No. T09-0114 (December 9, 2009) School Bus Violations
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
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