Defendant appealed the decision of the trial magistrate sustaining the charged violation of R.I.G.L. 1956 § 31-22-22 (safety belt use). Defendant argued that the trial magistrate’s decision was in violation of Defendant’s Constitutional rights because the magistrate denied his motion for a jury trial. Specifically, Defendant argued that the Seventh Amendment to the Constitution of the United States guarantees a jury trial for civil actions when the amount in controversy exceeds twenty dollars. The Panel explained the Seventh Amendment right to a jury trial in civil cases has not been applied to the States by the Supreme Court of the United States. The Panel further explained that no Rhode Island Supreme Court precedent demands a jury trial in civil cases other than those cases that were based on actions triable by a jury at the time of the adoption of our State Constitution in 1842. The Panel explained that in 1842, the motor vehicle code was not in effect. Additionally, the Panel explained that the Rhode Island Supreme Court has considered whether a motor vehicle code violation should warrant a jury trial and held it does not. See Calore Freight Systems, Inc. v. Dept. of Trans., 576 A.2d 1214 (1990). The Calore Court further suggested that if an offense is of a type that should warrant a jury trial, or is similar to an offense in existence in 1842, a jury trial may be appropriate. Id. However, the Panel explained that no similar offense existed in 1842, and that because the fines imposed in a motor vehicle code violation are definite and not subject to discretion, there is limited need for a jury. The Panel held that there is no right to a jury trial for a motor vehicle code violation. Accordingly, the Panel sustained the charged violation.
State of Rhode Island v. John Miner, C.A. No. T12-0024 (August 20, 2012) Due Process
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