Defendant appealed decision of the Adjudication Office of the DMV, which found that Defendant was not entitled to a clean title. Defendant brought a vehicle, which was in the midst of the salvage process, into Rhode Island. Defendant was initially granted a clean title by the DMV, but the DMV later revoked the title. Defendant set forth the following arguments: (1) the DMV was without authority to revoke his title; (2) Massachusetts salvage laws govern this case; and, alternatively, (3) if Defendant is subject to Rhode Island salvage laws, then G.L. 1956 § 31-46-3 (salvage by non-insurer) provided him with an exemption because his vehicle was more than seven years old. The District Court held that: (1) pursuant to § 31-3.1-25(a) (suspension or revocation of certificates), the DMV may revoke a title if it was erroneously issued, and administrative rulings that trigger second thoughts within the agency as to their soundness may be deemed erroneously issued; (2) the Rhode Island DMV is not bound by any determination made by the Massachusetts registry because Rhode Island is its own sovereign entity; and (3) § 31-46-3 is not applicable to Defendant because he did not own the vehicle at the time of the accident, and, therefore, Defendant is not exempt from Rhode Island salvage laws. Accordingly, the District Court affirmed the decision of the Adjudication Office of the DMV.
Mark Ramos v Division of Motor Vehicles, A.A. No. 19-39 (February 18, 2020)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions