RI District Court and Traffic Tribunal Case Law

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Town of Middletown v. Thomas Oliver, A.A. No. 13-26 Judicial Notice

The Town of Middletown appealed the decision of the Appeals Panel vacating the trial judge’s finding that the defendant was guilty of violating R.I.G.L. 1956 § 31-14-2 (prima facie limits) for lack of jurisdiction. Generally, appeals are of limited review and the Court cannot expand the record to include evidence that was not submitted. Here, the Mutual Aid Agreement (“MAA”) between the Middletown and Newport police departments was not entered into the trial record. However, the Town urged the Court to consider the MAA, nonetheless, by taking judicial notice. The District Court, citing Hooper v. Goldstein, 241 A.2d 809 (R.I. 1968), held that it was bound by precedent to take judicial notice of the MAA. However, after reviewing the MAA, the Court concluded that it did not apply to the facts of this case. Accordingly, the Court sustained the Appeals Panel’s decision vacating the violation against the defendant.

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