RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Milissa Garrity, C.A. No. T12-0051 Due Process

Defendant appealed the decsion of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits).  The Appeals Panel held that because the defendant never asked the hearing magistrate any questions and because the hearing magistrate asked the defendant if she understood the consequences of her plea and she stated she did, the hearing magistrate complied with the rules of procedure.  The Court also noted that even though pro se litigants should be afforded “some latitude,” it would have been impermissible of the hearing magistrate to deviate from the rules of procedure simply because of the defendant’s pro se status.  Accordingly, the Court sustanined the violation against the defendant. 

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