12/17/2008
The Defendant appealed the trial judge’s decision to sustain the charged violations of R.I.G.L. 1956 § 31-10-27 (license to be carried and exhibited on demand) and § 31-47-9 (proof of financial security). The statute provides that no person charged with a violation shall be convicted if he or she produces in court a license that was valid at the time of the stop. The Defendant argued that he was unable to produce his license because he voluntarily surrendered it to the DMV prior to trial. The Panel held that it would be unjust to sustain the charge of failure to produce a license because the Defendant had previously surrendered it to the DMV. Accordingly, the Panel reversed the trial judge’s decision and dismissed the charged violation.
City of Warwick v. Michael Palmisciano, C.A. T08-0127 (December 17, 2008).pdf