The Defendant appealed the Trial Magistrate’s decision sustaining the charged violation of G.L. 1956 § 31-17-2, Vehicle turning left or right. An officer for the East Providence Police Department testified that when he arrived at the scene of an accident, he “observed two vehicles that appeared to be in a collision, each sustaining heavy damage.” The officer identified the Defendant as the driver of one of the vehicles involved in the collision. The officer learned that the defendant was traveling westbound, attempting to make a left turn at an intersection and failed to see the other vehicle traveling eastbound. The driver of the other vehicle testified that he had a green light and was unable to stop in time to avoid the collision. The Trial Magistrate found the Defendant guilty and the Defendant appealed.

RIGL Section 31-17-2 provides “The driver of a vehicle within an intersection intended to turn to the left or right shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close to it as to constitute an immediate hazard.” The Trial Magistrate found that the other motorist had a green light and that the Defendant took his left turn when it was not safe for him to do so. The Appeals Panel gave deference to the Trial Magistrate’s decision and sustained the charged violation.