Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-16-2 (manner of turning at intersection). A police officer observed Defendant making a right turn in a manner which resulted in Defendant traveling in the middle of two lanes upon the completion of the turn. At trial, Defendant admitted to traveling in the middle of two lanes immediately after taking the right turn. On appeal, Defendant argued that the trial judge erred because Defendant executed the turn at a lawful distance from the curb.

Under § 31-16-2, a driver making a right turn must make the turn “as close as practicable to the right-hand curb or edge of the roadway.” See § 31-16-2. Based on Defendant’s testimony that he ended up in the middle of two lanes after initiating the right turn, the trial judge determined that Defendant violated the statute because he was not “as close as practicable” to the curb. As such, the Appeals Panel held that the trial judge’s decision was supported by sufficient evidence. Accordingly, the Appeals Panel affirmed the trial judge’s decision in part.

Note: The trial judge improperly issued sanctions pursuant to § 31-27-24 (Colin Foote Statute). As such, the Appeals Panel reversed the trial judge’s decision in part.