RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Douglas Lecuivre, No. T17-0014 (April 24, 2018)

Defendant appealed a decision by a trial magistrate upholding a violation of R.I.G.L. 1956 § 31-26-4 (duty upon collision with unattended vehicle). Defendant argued that the citing officer did not properly identify the motorist, citing the Appeals Panel’s past decision in City of Warwick v. Michael Murphy, T06-0002 (R.I. Traff. Trib. 2006) (requiring defendant identification for an officer to testify about a breathalyzer test he conducted). The Appeals Panel, however, noted that the issue differed in this case, because the issue was only whether the citing officer had provided sufficient evidence to prove that defendant was the operator of the vehicle that collided with the unattended vehicle. After analyzing the record, which included evidence that the citing officer found fresh paint and damage from a collision on defendant’s car, the Appeals Panel found that the trial magistrate’s decision to uphold the citation was not affected by error of law. Accordingly, the Appeals Panel denied defendant’s appeal and upheld the trial magistrate’s decision.

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