Defendant appealed the decision of the trial court denying his motion seeking dismissal of a prior adjudication that he had violated R.I.G.L. 1956 § 31-15-5 (“overtaking on the right”) and § 31-15-16 (“use of emergency break-down lane for travel”). The Defendant proceeded to trial on the two charges, which were sustained by the trial court. Subsequently, the Defendant entered into a plea agreement with the Attorney General’s Office in District Court with respect to a related DUI charge that included a promise that the two adjudicated violations in the Traffic Tribunal would be dismissed. When Defendant moved for dismissal at the Traffic Tribunal pursuant to Rules 20 and 26(b), the Attorney General’s Office did not object to the dismissal. Defendant argued that if these violations were not dismissed, an injustice would occur because the defendant would be denied the benefits of his bargain. The trial court concluded, based on its reading of Rule 26(c), that it did not have the authority to dismiss the charges. The Appeals Panel agreed with the Defendant that the Rule 26(b) only limits prosecutors from dismissing previously adjudicated charges and does not similarly limit the court. However, even though the court had the discretion to dismiss adjudicated judgments in the interests of justice, the Appeals Panel found the trial court’s error harmless. For policy reasons, the Appeals Panel refused to reverse the trial court’s denial of the dismissal. The Appeals Panel reasoned that if it allowed defendants, after they receive an unfavorable result in the Traffic Tribunal, to then go to the District Court for a more favorable result, it would make the Traffic Tribunal essentially a “moot court.” Therefore, in the interests of preserving the finality of Traffic Tribunal decisions, the Appeals Panel refused to grant a dismissal. Accordingly, the trial court’s decision was affirmed.
State of Rhode Island v. John C. Spengos, No. T16-0001 (June 14, 2016)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions