RI District Court and Traffic Tribunal Case Law

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Jorge Vargas v. City of Woonsocket, A.A. No. 03-135 Trial Procedure

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-15-11 (laned roadway). Defendant claimed that the record was incomplete as the city stopped the tape and failed to record arguments made on motions to dismiss before and during the trial. The District Court held that 1956 § 8-18-4(e) provides “All courts shall be courts of record, shall tape record all sessions, maintain dockets, and adjudicate all violations on the summonses.” Accordingly, because the record was incomplete and failed to include the arguments made on motions to dismiss, the Appeals Panel was unable to make a proper decision on the findings, the reasons for the findings, and the proper application of the laws that govern. Consequently, the Court held that the decision of the Appeals Panel sustaining the violation was in error, and remanded the case for a new trial.

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