The Defendant appealed the trial judge’s entry of a default judgment sustaining the charged violations of R.I.G.L. 1956 § 31-20-9 (obedience to stop signs), R.I.G.L. 1956 § 31-22-22 (safety belt use), and R.I.G.L. 1956 § 31-47-9 (proof of financial security). Here, the prosecuting officer failed to appear at the initial trial date and the charges were dismissed. Following the dismissal, the prosecuting officer secured an order vacating the dismissal of the Defendant’s charged violations and the case was scheduled for a trial, but no notice of the order to vacate or notice of a new trial date was sent to the Defendant. When the Defendant failed to appear at the new trial date a default judgment was entered against him. The Defendant argued on appeal that the prosecuting officer violated Rule 20 of the Rules of Procedure for the Traffic Tribunal because he failed to file a motion to vacate the order dismissing the Defendant’s charged violations and instead engaged in ex parte communications with the trial judge to reinstate the Defendant’s violations. The Panel held that the trial judge abused her discretion by reinstating the charged violations without the required motion to vacate from the prosecuting officer. Accordingly, the Panel reversed the trial judge’s decision and dismissed the charged violations.
State of Rhode Island v. Nefali Reyes, C.A. T08-0085 (July 23, 2008)
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