Defendant appealed a decision by the Trial Magistrate sustaining a violation of R.I. Gen. Laws 1956 § 31-21-4 (Parking or Stopping Prohibited). Defendant attempted to use an E-Z Pass transponder to proceed through the Jamestown toll booth plaza to cross the Claiborne Pell Bridge and, when it did not work, refused to pay the toll. The toll booth attendant asked Defendant to stay at the plaza while he called the State Police. He was then charged with parking or stopping where prohibited. Defendant argued that his conduct was not prohibited by § 31-21-4, which lays out seventeen places where a vehicle may not park or stop. The Appeals Panel noted that Defendant was cited for violating the provision that prohibits parking “upon any bridge or other elevated structure upon a highway or within a highway tunnel.” The Appeals Panel further noted, however, that the evidence contained within the record did not show that Defendant had parked on a bridge. Instead, the record indicated that Defendant stopped at a toll plaza before proceeding onto the Newport Bridge. Finally, the Appeals Panel noted that the Defendant had been instructed by a toll plaza attendant to remain at the toll plaza until the police arrived. As a result, the Appeals Panel concluded that there was insufficient evidence to support a prima facie case for the violation of § 31-21-4. Accordingly, the Appeals Panel granted Defendant’s appeal and the charged violation was dismissed.
State of Rhode Island v. Richard W. Audette, No. 16-0034 (February 2, 2018)
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