Defendant appealed decision of Appeals Panel sustaining a denial of a motion to vacate a default judgment. Defendant argued that his motion should have been granted because he mistakenly wrote down the wrong court date for his initial court hearing, and pursuant to Rhode Island Traffic Tribunal Rule of Procedure 20, a court “may . . . relieve a party . . . from a judgment or order” due, among other reasons, to “mistake” or “inadvertence.” The District Court held that the question of whether there was sufficient mistake or inadvertence present to merit the granting of a motion to vacate is a question of fact to be proven by evidence. The District Court held that the Appeals Panel’s decision to reaffirm the denial of Defendant’s motion was proper because Defendant failed to support his argument with any evidence beyond his statements on the record. Accordingly, the District Court affirmed the decision of the Appeals Panel.
Rahim Caldwell v. State of Rhode Island, A.A. No. 18-184 (June 25, 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
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- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
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- Airport Regulations
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- 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
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- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
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- Judicial Notice
- Jurisdiction
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- Laned Roadway Violation
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- Manner of Turning
- Newly Discovered Evidence
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- Open Container
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- Operation by person other than Lessee
- Overtaking on Right
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- Parking or Stopping Prohibited
- Parties to an Offense
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- Penalties
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- Procedure
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- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
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- Toll Violation
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- Unauthorized Practice of Law
- Venue
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- Weight Restrictions