The Defendant appealed the trial judge’s decision sustaining the charged violation of G.L. 1956 §31-15-11 (laned roadways).  At trial, the Trooper testified that he observed the Defendant weave into the breakdown lane and then back into traffic.  The charged violation has an exception stating that a driver is able to move outside of a single lane if it is safe to do so.  Because the record did not indicate that it was unsafe to move out of the single lane, the Panel held that an element of the charged violation had not been proven and the charged violation was dismissed.