The Defendant appealed the trial magistrate’s decision sustaining the charged violation of G.L. 1956 §31-13-4 (obedience to devices).  The trial testimony established that the Defendant’s car was parked outside of the marked lines in a Department of Transportation parking lot.  The Defendant argued that he was charged under the wrong statute.  The Panel found that the charged violation was improper because the charged violation is for a moving vehicle infraction, whereas the Defendant’s vehicle was neither in operation nor on a public road or highway.  Therefore, it was an error of law to sustain the charged violation because the necessary elements for the violation were not met.  The Panel granted the appeal and dismissed the violation.

Magistrate Noonan wrote in dissent, arguing that the language in the statute encompasses all public property and does not require a finding of a moving violation.