RI District Court and Traffic Tribunal Case Law

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Appellate Procedure

District Court

District Court
03/25/2020
City of Cranston v State of Rhode Island, A.A. No. 18-183 (March 25, 2020)

Appellate Procedure

City of Cranston appealed decision of Appeals Panel which allowed Defendant to amend his appeal, and the decision also dismissed the charges against Defendant. Defendant had filed an appeal with respect to one of two consecutively numbered summonses that were tried on the same day. The municipal court reported that no audio recording of that proceeding was available and, on that basis, the Appeals Panel dismissed the charge in the summons. Defendant asked at the appeal to amend his appeal to include the other summons, which the Appeals Panel agreed to do and then dismissed the charges in that summons as well. The City appealed the ruling on the summons that had not been included in the original appeal. The City argued that Defendant failed to comply with G.L. 1956 § 31-41.1-8(d) (time limitations) because he failed to file an appeal in a timely manner, and he failed to show that his late appeal was justified by excusable neglect. Furthermore, the City argued that the Appeals Panel erred in finding that the audio recording for that summons was unavailable. The District Court held that the Appeals Panel failed to specify the authority it relied upon to permit the amended appeal, and the Panel failed to specify the discretionary standard it applied in allowing the amended appeal. The Court also held that there was no factual basis upon which it could conclude that there was no audio recording available. Accordingly, the Appeals Panel’s decision was vacated and the case remanded to the Appeals Panel.

City of Cranston v State of Rhode Island, A.A. No. 18-183 (March 25, 2020).pdf

District Court
04/29/2019
Hamlet Lopez v State of Rhode Island, A.A. No. 18-171 (April 29, 2019)

Appellate Procedure

Defendant appealed a decision of the Appeals Panel sustaining a violation of G.L. 1956 § 31-13-4 (obedience to traffic devices — traffic light). Defendant’s appeal was summarily denied because he failed to appear at his appeal hearing. Defendant contended in his appeal to the District Court that he did not receive notice of the Appeals Panel hearing. The District Court held that the Appeals Panel acted properly because Defendant’s contention that he did not receive notice of the hearing was not part of the Traffic Tribunal record since it was not submitted under oath. Accordingly, the District Court affirmed the decision of the Appeals Panel.

*Note: The District Court suggested that Defendant may be able to vacate the Panel’s decision via Rule 20 of the Traffic Tribunal Rules of Procedure.

Hamlet Lopez v State of Rhode Island, A.A. No. 18-171 (April 29, 2019).pdf

District Court
03/25/2019
Kenton Smith v. State of Rhode Island, A.A. No. 18-126 (March 25, 2019)

Appellate Procedure

Defendant appealed a decision of the Appeals Panel sustaining a violation of G.L. 1956 § 31-14-2 (prima facie limits). Defendant contended that the Appeals Panel erred when it sustained the charged violation, but Defendant failed to present any arguments alleging legal error to the District Court. The District Court held that the Appeals Panel properly applied the correct law with regard to the speeding violation and the court noted that a showing of prejudice—which Defendant failed to allege—was required for an error in a citation to justify a dismissal. Accordingly, the District Court affirmed the decision of the Appeals Panel.

Kenton Smith v. State of Rhode Island, A.A. No. 18-126 (March 25, 2019).pdf

District Court
02/27/2019
Mark Broadbent v. State of Rhode Island, A.A. No. 18-114 (February 27, 2019)

Appellate Procedure

Defendant appealed decision of the Appeals Panel administratively dismissing his appeal from a traffic violation conviction. Defendant failed to provide the Appeals Panel with the trial transcript and, therefore, Defendant failed to comply with Rule 21 of the Traffic Tribunal Rules of Procedure. Defendant claimed that he could not submit a transcript because “he never received the recording from the Tribunal.” The electronic record contained a clerk’s notes that indicated that Defendant did in fact receive the recording. Given the fact that the clerk’s notes are entitled to the presumption of regularity, the District Court held that the dismissal of Defendant’s appeal was proper under Rule 21. Accordingly, the District Court affirmed the decision of the Appeals Panel.

Mark Broadbent v. State of Rhode Island, A.A. No. 18-114 (February 27, 2019).pdf

District Court
08/29/2019
Irwin Jacobowitz v. State of Rhode Island, A.A. No. 19-10 (August 29, 2019)

Appellate Procedure

Defendant appealed a decision of the Appeals Panel sustaining a violation of G.L. 1956 § 31-12-4 (obedience to traffic control devices). Defendant failed to appear at the appeal hearing. As a result, the Appeals Panel dismissed Defendant’s appeal on procedural grounds. Defendant raised a “myriad” of issues, but the District Court noted that its only role was to determine whether or not the Appeals Panel’s procedural ruling was lawful. The District Court held that the Appeals Panel’s decision was appropriate based upon the circumstances known to the Panel at the time that it acted. Although defendant later asserted that he had a valid reason for missing the appeal hearing, that statement was not part of the Traffic Tribunal record and, therefore, the District Court had no basis to overturn the Appeals Panel’s decision. Accordingly, the District Court affirmed the decision of the Appeals Panel.

*Note: The District Court mentioned that Defendant may be able to file a Motion to Vacate pursuant to Rule 20 of the Traffic Tribunal Rules of Procedure as an avenue to put his reasons for missing the hearing on his appeal into the record.

Irwin Jacobowitz v. State of Rhode Island, A.A. No. 19-10 (August 29, 2019).pdf

District Court
01/17/2018
Bryan Menge v. State of Rhode Island, A.A. No. 16-87 (January 17, 2018)

Appellate Procedure

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant made several arguments for granting his appeal, including bias, prejudice, a misapplied standard of review, constitutional violations by the Trial Magistrate, and misinterpreted statutes. The Court reviewed the District Court Magistrate’s Findings and Recommendations pursuant to R.I. Gen. Laws 1956 § 8-8-8.1(c)(7), which gives the District Court Judge broad discretion to conduct a de novo review of the record. The Court noted that § 31-41.1-9(d) requires that a judge of a district court not substitute his or her judgment for that of the Appeals Panel as to questions of fact. Furthermore, the Court noted that the Rhode Island Supreme Court has declined to rule on arguments that parties have failed to develop “lucidly” on their own, making several of Defendant’s arguments deemed to be waived. Finally, the Court noted that Defendant had failed to meaningfully discuss or identify any error of law in the Magistrate’s decision in regards to statutory interpretation. Accordingly, the District Court found that the Appeals Panel’s decision was not clearly erroneous, that the burden of proof of clear and convincing evidence had been satisfied, and that the Magistrate’s Findings and recommendations should be adopted as the Decision of the Court.

Bryan Menge v. State of Rhode Island, A.A. No. 16-87 (January 17, 2018).pdf

District Court
04/28/2016
Roark Malloy v State of Rhode Island, A.A. No. 15-100 (April 28, 2016)

Appellate Procedure

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-20-9 (obedience to stop sign); 1956 § 31-22-22(g) (no seat belt, operator); and 1956 § 31-22-22(f) (no seat belt, passenger over 13). Defendant (pro se) filed his memorandum in support of his appeal. The Brown University Law Department refused to defend the violation. The Rhode Island Department of the Attorney General similarly declined to enter its appearance. Since the prosecuting agency has declined to defend its citation on appeal, the Defendant’s appeal is granted. Accordingly, the Court reversed the Appeals Panel and vacated the judgment in favor of the Defendant. 

Roark Malloy v State of Rhode Island, A.A. No. 15-100 (April 28, 2016).pdf

District Court
10/27/2010
State of Rhode Island v. Margaret Maxwell, A.A. No. 10-113 Missing Transcript

Appellate Procedure

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-16-5 (turn signal required). The defendant failed to provide the Appeals Panel with a transcript of the original hearing. The District Court held that in the absence of a transcript the Appeals Panel could not provide a meaningful review and, therefore, that the dismissal of the defendant’s appeal was proper. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violation against the defendant. State of Rhode Island v. Margaret Maxwell, A.A. No. 10-113 (October 27, 2010).pdf

District Court
10/27/2010
State of Rhode Island v. Margeret Maxwell,10-113 Failure to Appear

Appellate Procedure

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-16-5 (turn signal required). Defendant claimed that her failure to appear for the review by the Appeals Panel was due to her taking an exam at a local college.  The District Court held that a party who fails to appear at trial for a civil case may be defaulted.  Additionally, the Court noted that the defendant did not make any attempt to have the case reassigned.  Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violation against the defendant.

State of Rhode Island v. Margaret Maxwell, A.A. No. 10-113 (October 27, 2010).pdf

District Court
03/02/2007
Emilio Taylor v. RITT, A.A. No. 05-94 Appeal

Appellate Procedure

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant failed to appear before the Appeals Panel and failed to submit to this Court any transcript from trial, memorandum, or brief in support of his argument. After reviewing the tapes from trial, the Court found no reason for reversal and, accordingly, affirmed the decision of the trial court sustaining the charge against the defendant.Emilio Taylor v. RITT, A.A. No. 05-94 (March 2, 2007).pdf

District Court
07/16/2007
State of Rhode Island v. James Fraher, A.A. No. 07-80 Appeal

Appellate Procedure

The state appealed the decision of the Appeals Panel dismissing the violation of R.I.G.L. 1956 § 31-15-11 (laned roadways). The Court held that where the trial transcript cannot be produced by no fault of the parties, the matter should be remanded for a new trial. Accordingly, the Court affirmed the decision of the Appeals Panel insofar as it reversed the trial court’s finding of guilt, but reversed the Panel in its dismissal of the case, and remanded the matter for a new trial.State of Rhode Island v. James Fraher, A.A. No. 07-80 (July 16, 2007).pdf

District Court
05/25/2005
Action Recovery Systems Inc. v. RITT, A.A. No. 04-65- Appeal

Appellate Procedure

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-23-1(b) (inspection of motor carriers), R.I.G.L. 1956 § 31-23-27 (rear wheel flaps required), R.I.G.L. 1956 § 31-23-43 (wheel safety chocks), and R.I.G.L. 1956 § 31-47-9 (penalties). The District Court held there where the defendant did not appear before the Appeals Panel to argue its case, and did not provide the Appeals Panel with a transcript, the Court was correct to sustain the charge against the defendant. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violations against the defendant.

Action Recovery Systems Inc. v. RITT, A.A. 04-65 (May 25, 2005).pdf

Appeals Panel

Appeals Panel
07/21/2022
State of Rhode Island v. Aitor Aldazabal T21-0026 Appellate Procedure

Appellate Procedure

Defendant appealed the Trial Magistrate’s decision sustaining the charged violation of G.L. 1956 §31-15-12,“Following too Close.” An officer for the Portsmouth Police Department testified at trial that he was assisting with an undercover operation to determine whether vehicles would stop for pedestrians on a crosswalk. The Officer testified to witnessing a car stop for the undercover officer at the crosswalk and that the Defendant “was following too close to the vehicle in front of it and did not leave enough space that was reasonable and prudent.” Further, the officer testified that the Defendant had to use the breakdown lane to avoid causing an accident. Defense counsel attempted to present a motion before having the Defendant testify, but the Magistrate stated that he “would want to hear from [the Defendant] first.” During his testimony, the Defendant stated that the vehicle in front of him “abruptly stopped” and he made the decision to use the breakdown lane to avoid the car behind him from rear ending him and causing a chain reaction. The Defendant testified that he could have stopped in time but was worried about getting rear ended . Ultimately, the Trial Magistrate found that the Defendant was justified in the use of the breakdown lane, but he found the Defendant guilty of “following too close.” The Defendant appealed, arguing that the Magistrate failed to permit him to present a motion to dismiss after the State rested its case and that the officer  failed to identify the Defendant as the operator of the motor vehicle.

The Appeals Panel focused its decision using the “raise or waive” rule to determine whether the issues being appealed had been properly raised at the trial. While the Panel noted that Defendant did not specifically raise the issue of identification as the operator or specifically state that counsel was presenting a motion to dismiss, the Appeals Panel found that defense counsel “said just enough to raise the issue for consideration on appeal” when counsel stated that the Defendant would testify depending on the Magistrate’s ruling on his motion. The Appeals Panel held that this was sufficient information to alert the Magistrate that counsel intended to present a motion to dismiss before presenting any further evidence. For these reasons the Appeals Panel held that the Trial Magistrate erred in failing to hear the Defendant’s Motion and remanded the case back to the trial court for further proceedings consistent with its decision.  

 State of Rhode Island v. Aitor Aldazabal T21-0026 (July 21, 2022).pdf

Appeals Panel
01/26/2022
State of Rhode Island v. Richard Abyar M18-0015 Appellate Procedure

Appellate Procedure

Petitioners appealed from an Appeals Panel decision to dismiss all charges against the Defendant based upon the absence of a trial transcript. The District Court heard the appeal and remanded it to the Appeals Panel for further decision. The Defendant was originally charged with four separate traffic violations: § 31-16-5 (Turn Signal Required), § 31-24-12 (Stop Lamps Required), § 31-22-22(g) (No Seat Belt – Operator) and § 31-22-24 (Interior Lighting During Police Stop). The violations were noted on two different summonses because each summons can only fit up to three violations. A Magistrate found the defendant guilty of all charged violations after a trial in the Cranston Municipal Court and the Defendant appealed. In the Defendant’s appeal he cited only to one summons number and failed to list the other summons number. The Traffic Tribunal requested two copies of the summons and a recording of the trial. The city responded stating that the recording was “irretrievable.” At the initial appeal the Defendant was the only one in attendance. During the appeal the Defendant asked the Appeals Panel if he could include both summonses  in his appeal and the Panel allowed it. Ultimately the Panel dismissed the case because the required trial recording was not available. The City appealed from the Panel’s decision, and arguing that the appeal for the second summons was not properly filed because they had not been given notice, that the Traffic Tribunal never requested the audio recording for the second summons, and that the Panel did not have the authority to allow for an oral amendment of an appeal. The District Court remanded the issue back to the Appeals Panel to address four issues: “[1] whether Notices of Appeal may be amended (at all), [2] whether the motion could be heard in the absence of notice, [3] whether it could be made orally, and [4] whether it is barred by expiration of the appeal period.” 

The Appeals Panel explained and reconfirmed its initial determination that there was no recording available on the second summons.  The Panel took issue with the question of whether the appeal had been amended, finding instead that, pursuant to Rule 19 of the Traffic Tribunal Rules of Procedure, all that had happened was that a clerical error had been properly corrected.  The Panel further cited Rule 20, which provides the court with “broad powers” to provide “relief [that] is warranted in the interests of justice,” and Rule 21, which grants the court “the discretion to decide in what form it will consider appeals,” to find that the addition of the second summons to the appeal was proper. Noting Rule 20 also provides the court with discretion to make amendments when there has been “excusable neglect,” the Panel found that the omission of the second summons number by a pro se litigant, unfamiliar with the legal process, was a reasonable mistake.  On the issue of notice, the Panel held that notice for the second summons was implied by the notice for the first summons. Further, the Panel pointed out that had the city attended the appeal it would have been aware of the amendment and could have made an argument then and there; by failing to appear, it waived its right to object. Finally, the Panel held that Rule 25, which anticipates oral motions, and Rule 20, which provides for the correction of mistake, provide the court with discretion to hear both oral and written amendments and to extend the time to amend. For the reasons stated above, the Appeal Panel granted the Defendant’s appeal and remanded the case to the municipal court, pursuant to Rule 20(h), for the parties to agree upon a record for appeal or for a new trial.State of Rhode Island v. Richard Abyar M18-0015 (January 26, 2022 ) Remand from District Court.pdf

Appeals Panel
12/30/2020
State of Rhode Island v. Albert Lawrence Thomas, No. T20-0005 (December 30, 2020)

Appellate Procedure

Defendant appealed a trial magistrate’s decision denying a motion to vacate a default judgment. Defendant failed to appear for the matter’s scheduled hearing, which resulted in a default judgment. Then, ten months later, Defendant filed a motion to vacate the judgement. In support of the motion, defendant asserted that he failed to appear because he had to go to work, but the trial magistrate denied the motion.

On appeal, Defendant argued that the trial magistrate erred in denying the motion to vacate because the actual reason that Defendant failed to appear was because he never received the summons due to an address change and, therefore, he was unaware that he was supposed to appear in court. But the Panel is “confined to a reading of the record.” See Link v. State, 633 A.2d 1345, 1348 (R.I. 1993). Thus, the Panel did not and could not consider Defendant’s argument regarding failing to receive the summons due to an address change. As such, the Appeals Panel held that the trial magistrate did not err in denying the motion to vacate. Accordingly, the Appeals Panel affirmed the trial magistrate’s decision.

State of Rhode Island v. Albert Lawrence Thomas, No. T20-0005 (December 30, 2020).pdf

Appeals Panel
01/23/2019
State of Rhode Island v. William Fallon, No. T18-0012 (January 23, 2019)

Appellate Procedure

Defendant appealed a trial magistrate’s decision sustaining a violation of G.L. 1956 § 31-14-2 (prima facie limits). At trial, the trial magistrate found as credible a police officer’s testimony establishing that the speed limit where the violation occurred was thirty miles per hour. Moreover, the trial magistrate concluded that “by [Defendant’s] own admission[,] he was driving in violation of the speed limit. He said he was doing 35 mph and no more than 35 mph . . . [and] by his own admission he’s in violation of the statute.”

On appeal, Defendant argued that the trial magistrate’s decision was clearly erroneous because the posted speed limit was thirty-five miles per hour. To support his argument, Defendant “attempted to present new evidence regarding the speed limit.” But the Appeals Panel’s review is “confined to a reading of the record,” and, therefore, new evidence may not be presented “during an appeal if doing so would require that the Panel reconsider questions of fact.” See Link v. State, 633 A.2d 1345, 1348 (R.I. 1993). As the determination of the speed limit is a question of fact, the Appeals Panel could not consider the new evidence. Accordingly, the Appeals Panel affirmed the trial magistrate’s decision.

State of Rhode Island v. William Fallon, No. T18-0012 (January 23, 2019).pdf

Appeals Panel
01/25/2018
City of Providence v. Jose Rodriguez, No. T17-0003 (January 25, 2018)

Appellate Procedure

Defendant appealed a decision from the Trial Judge accepting Defendant’s plea to the charged violation of R.I. Gen. Laws 1956 § 31-16-5 (turn signal required). Defendant argues that the Trial Judge should not have accepted his guilty plea because he was entitled to relief under the “Good Driving Record” exemption under § 31-41.1-7. The Appeals Panel held, however, that because Defendant had not mentioned his intent to seek a dismissal based on his good driving record at trial, he had waived that issue and the Panel was unable to review his argument on appeal. Accordingly, the Appeals Panel denied Defendant’s appeal.

City of Providence v. Jose Rodriguez, No. T17-0003 (January 25, 2018).pdf

Appeals Panel
06/08/2018
State of Rhode Island v. Alyssa R. Alvarez, No. T17-0008 (June 8, 2018)

Appellate Procedure

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-22-30 (text messaging while operating a motor vehicle). Defendant argued that § 31-22-30 does not prohibit the use of a mobile device to make telephone calls using the speaker function, and, therefore, the trial judge’s decision was clearly erroneous. The trial judge did not make a specific finding of fact as to whether Defendant was texting or making a phone call when the police officer observed Defendant operating the vehicle. The Appeals Panel held that without a clear and unambiguous answer to that question, the decision on appeal could not properly be reviewed. Accordingly, the Appeals Panel remanded the case for the trial judge to make appropriate findings of fact.

State of Rhode Island v. Alyssa R. Alvarez, No. T17-0008 (June 8, 2018).pdf

Appeals Panel
06/30/2015
City of Providence v. Blake Barrie, C.A. No. M14-0010 (June 30, 2015)

Appellate Procedure

The Defendant appealed from his guilty plea to the charged violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Panel held that the Defendant improperly appealed because a guilty plea signified a waiver of the right to appeal the violation. The Panel explained that the Defendant could have filed a motion to vacate his guilty plea before the sentence was levied, or, failing that, could have filed a motion for relief from judgment with the trial court. Accordingly, the Panel determined that the Defendant’s appeal of the guilty plea was improper.

City of Providence v. Blake Barrie, C.A. No. M14-0010 (June 30, 2015).pdf

Appeals Panel
09/04/2012
T12-0051 Right to Appeal

Appellate Procedure

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Appeals Panel held that Rule 18(b), provided that “after imposing a sentence the court shall advise the defendant of his or her right to appeal to an appellate panel of the traffic tribunal,” but the rule does not mandate that the Court comport with the rule after a guilty plea. Thus, the Appeals Panel held that Rule 18(b) did not require the trial court to instruct a motorist regarding her appellate rights after a plea of guilty.  Accordingly, the vioation was sustained.

State of Rhode Island v. Milissa Garrity, C.A. No. T12-0051 (September 4, 2012).pdf