RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. John McCarthy, No. T14-0046 (August 18, 2016)

Defendant appealed the decision of the trial court sustaining several violations of R.I.G.L. 1956 § 24-12-37 (“penalty for nonpayment of toll”). Defendant argued that he did not receive proper notice of his toll violations. Police had been investigating a toll avoider who, while driving a motorcycle through the toll at the Newport Bridge, covered his license plate with his hand. Police subsequently identified Defendant as the toll avoider. Citing Ryan v. Zoning Board of Review of New Shoreham, 656 A.2d 612 (R.I. 1995), the Appeals Panel held that the appearance of the defendant’s attorney at the hearing operated as a waiver of the need to prove notice. However, the trial court’s decision was reversed on other grounds.

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