Obedience to Police Officers

The Defendant was charged with a violation of R.I.G.L. 1956 § 31-12-3 (obedience to police officers) when he refused to drive his vehicle onto the sidewalk at the direction of a police officer. At trial, the officer testified that an area of road under construction caused a change in the direction of traffic, and the officer directed the Defendant to drive his vehicle onto the sidewalk to make room for a tractor trailer truck to move by. The officer testified that the Defendant argued with the him, stating he did not want to damage the rims of his tires. The officer testified he informed the Defendant that if he did not cooperate, he would have the Defendant’s car towed and he would be arrested. The officer stated he told the Defendant they would now have to move their vehicles and handle this conflict in a different area, at which time the Defendant drove onto the curb and down the street. The officer testified additional units arrived and he continued the traffic stop at that time. At that time, the officer issued the citation for obedience to police officers. The Defendant testified that driving on the curb had scratched the rim of his vehicle. The Trial Judge determined the officer’s testimony proved the charge and sustained the violation. The Defendant appealed the decision.

The Appeals Panel determined that § 31-12-3 prohibits “willful failure or refusal to comply.” State v. Berberian,  98 A.2d 270, 272 (R.I. 1953). The Appeals Panel found the officer’s testimony supported the charged violation that the Defendant was provided with “lawful orders,” which he understood but refused to follow. The Appeals Panel determined the Defendant’s stated desire to avoid damage to the rims of his vehicle underscored that the Defendant understood the officer’s directions and made a decision to not comply. The Appeals Panel, without ever discussing whether the order to drive onto a curb was lawful, found that the evidence supported the Defendant’s “willfulness” in not following the officer’s orders. Therefore, the Appeals Panel denied the appeal and sustained the violation.State of Rhode Island v. Brown No. T21-0016 (January 26, 2022).pdf