RI District Court and Traffic Tribunal Case Law

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Judicial Notice

District Court

District Court
03/13/2014
Town of Middletown v. Thomas Oliver, A.A. No. 13-26 Judicial Notice

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. Town of Middletown v. Thomas Oliver, A.A. No. 13-26 (March 13, 2014).pdf

District Court
05/08/2009
Richard McKee v. RITT, A.A. No. 09-00046- Judicial Notice

Judicial Notice

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-24-1 (times when lights are required). The Court held that the trial judge properly took judicial notice that the time at which the offense occurred (1:30a.m.) was between sunset and sunrise. Thus, the Court affirmed the decision sustaining the violation against the defendant.

Richard McKee v. RITT, A.A. No. 09-00046 (May 8, 2009).pdf

Appeals Panel

Appeals Panel
12/10/2008
Town of Lincoln v. Richard McKee, C.A. No. T08-0128 (December 10, 2008)

Judicial Notice

Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-24-1 (times when lights required). The Defendant argued that the charged violation had not been proven by clear and convincing evidence because the trial magistrate improperly took judicial notice of the fact that the time of the charged violation, approximately 1:30 a.m., was between sunrise and sunset. The Panel noted that, pursuant to Rule 15 of the Rules of Procedure for the Traffic Tribunal, a trial magistrate may take judicial notice of a fact not subject to reasonable dispute if it is generally known without the jurisdiction of the court or capable of accurate and ready determination by sources whose accuracy cannot reasonably be questioned. The Panel determined that the trial magistrate’s decision to take judicial notice of the fact was based on a belief that was not subject to reasonable dispute because it is generally known and capable of accurate and ready determination by resorting to sources whose accuracy cannot be questioned. Accordingly, the Panel found that the trial magistrate’s decision to take judicial notice of the fact that 1:30 a.m. is between sunrise and sunset was not an abuse of his discretion and, therefore, the Panel sustained the charged violation.

Town of Lincoln v. Richard McKee, C.A. No. T08-0128 (December 10, 2008).pdf