RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Dana Stephen, No. M17-0015 (April 11, 2018)

Defendant appealed a decision of the North Smithfield Municipal Court sustaining a violation of R.I. Gen Laws 1956 § 31-15-11 (laned roadway violation). Defendant argued that the Trial Judge erred by considering his prior moving violations because evidence of the violations was not properly admitted at trial. The Appeals Panel, however, noted that pursuant to Rule 15 of the Rhode Island Traffic Tribunal Rules of Procedure the Rhode Island Rules of Evidence apply to all adjudications of civil violations before the traffic tribunal and municipal courts. Under Rule 20 of the Rhode Island Rules of Evidence, “judicial notice may be taken at any stage of the proceeding.” Therefore, the Appeals Panel found that the Trial Judge had properly taken note under Rule 20 of the Rhode Island Rules of Evidence of Defendant’s past moving violations. The Appeals Panel did not address any argument of whether the prior moving violations may have been admitted improperly as evidence of propensity or whether the evidence was more prejudicial than probative. Accordingly, the Appeals Panel denied Defendant’s appeal and sustained the charged violation and the enhanced penalties.

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