Overtaking on Right

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-15-5 (overtaking on the right). After passing a vehicle on the right, Defendant was involved in an automobile accident with a police cruiser. Defendant argued that she was permitted to pass on the right because she was operating her vehicle within a permitted lane of travel and, pursuant to G.L. § 31-15-5(b), she was permitted to pass on the right “under conditions permitting the movement in safety.” She further argued that the police cruiser had entered the roadway without properly yielding the right-of-way. The Appeals Panel held that the evidence did not indicate that Defendant exited the lane of travel to pass a police cruiser tor that the police cruiser, which did not have the right-of-way, had come to a full stop. Accordingly, the Appeals Panel reversed the decision of the trial judge. 

M19-0014 State of Rhode Island v. Rosemarie Aponte-Martinez, No. M19-0014 (January 16, 2020).pdf

Overtaking on Right

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-15-5 (overtaking on the right).  Defendant claimed that the court improperly allowed the officer to testify as an expert witness because the officer had not been trained as an accident reconstructionist.  The Court held that the trial judge made clear that the officer was not qualified as an expert witness and did not allow him to testify as such.  Further, the officer did not testify as an expert witness because he testified only to his observations of the accident scene, including the location of the vehicles, and the reasonable inferences that he drew from his observations.  Accordingly, the Court sustained the violation.

City of Providence v. Aysia Rivers, C.A. No. T13-0042 (January 28, 2014).pdf

Overtaking on Right

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-15-5(a) (overtaking on right).  The Appeals Panel held that the evidence was insufficient to prove that the defendant overtook and passed another vehicle because there was no evidence presented at trial that the defendant was attempting to pass the other vehicle and the defendant testified at trial that he was trying to go into the left lane and did not attempt to pass through the intersection while in the right lane.  Accordingly, the Court reversed the decision of the trial judge and dismissed the violation.

City of Pawtucket v. William Gallagher, C.A. No. M12-0014 (January 2, 2013).pdf