RI District Court and Traffic Tribunal Case Law

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City of Woonsocket v. Adam Bussey, C.A. No. T11-0033 (August 24, 2011) Care in Starting from Stop

Defendant appealed the decision of the trial magistrate sustaining the charged violations of R.I.G.L. 1956 § 31-16-1 (care in starting from stop), and § 31-27-2.1 (refusal to submit to chemical test).  The Defendant argued that the arresting officer did not have probable cause to make the initial traffic stop.  Section 31-16-1 states “[n]o person shall start a vehicle which is stopped, standing, or parked unless and until the movement can be made with reasonable safety.”  The Panel noted the trial magistrate made findings of fact that the Officer did have reasonable suspicion to stop the Defendant because the Officer observed the Defendant “spinning… the tires” in a dangerous fashion.  Specifically, the trial magistrate found that the Defendant spun the vehicle’s tires in conditions involving heavy traffic with pedestrians in the area, and that debris of some sort could be kicked up, violating the statute on reasonable safety.  The Panel held that the trial magistrate’s finding that the Officer had reasonable suspicion to conduct a traffic stop was not clearly erroneous based on the substantial evidence.  Accordingly, the Panel sustained the charged violations.

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