RI District Court and Traffic Tribunal Case Law

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Town of Bristol v. Rebecca Ramos, C.A. No. M12-0019 (August 8, 2013) Hearsay

Defendant appealed from a decision by the trial judge sustaining the charged violation of R.I.G.L. 1956 § 31-17-4 “vehicle entering stop or yield intersection.”  The Defendant argued that the trial judge’s decision was arbitrary and capricious because the judge allowed into evidence hearsay in violation of Rule 15 of the Traffic Tribunal Rules of Procedure.  Specifically, the Officer testified that the Defendant failed to stop at the stop sign, but this testimony was based on a conversation with an independent eyewitness not present at trial.  The Panel explained that the statement was offered for the truth of the matter asserted and did not fit within one of the recognized exceptions the hearsay rule, and was thus inadmissible.  Accordingly, the Panel held that the trial judge’s decision was affected by error of law and reversed and dismissed the charged violation.

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