Parking or Stopping Prohibited

Defendant appealed a decision by the Trial Magistrate sustaining a violation of R.I. Gen. Laws 1956 § 31-21-4 (Parking or Stopping Prohibited). Defendant attempted to use an E-Z Pass transponder to proceed through the Jamestown toll booth plaza to cross the Claiborne Pell Bridge and, when it did not work, refused to pay the toll. The toll booth attendant asked Defendant to stay at the plaza while he called the State Police. He was then charged with parking or stopping where prohibited. Defendant argued that his conduct was not prohibited by § 31-21-4, which lays out seventeen places where a vehicle may not park or stop. The Appeals Panel noted that Defendant was cited for violating the provision that prohibits parking “upon any bridge or other elevated structure upon a highway or within a highway tunnel.” The Appeals Panel further noted, however, that the evidence contained within the record did not show that Defendant had parked on a bridge. Instead, the record indicated that Defendant stopped at a toll plaza before proceeding onto the Newport Bridge. Finally, the Appeals Panel noted that the Defendant had been instructed by a toll plaza attendant to remain at the toll plaza until the police arrived. As a result, the Appeals Panel concluded that there was insufficient evidence to support a prima facie case for the violation of § 31-21-4. Accordingly, the Appeals Panel granted Defendant’s appeal and the charged violation was dismissed.

State of Rhode Island v. Richard W. Audette, No. 16-0034 (February 2, 2018).pdf

Parking or Stopping Prohibited

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-21-4 (places where parking or stopping prohibited). Defendant’s vehicle was parked for one to two minutes in an area designated exclusively for shuttle buses. Defendant argued that the trial judge erred by finding that the exemption in § 31-21-4(b)(2) did not apply. § 31-21-4(b)(2) provides that vehicles “that are momentarily stopped, standing, or parked to admit or discharge passengers” are exempt from the parking prohibition set forth in § 31-21-4. The Appeals Panel agreed with the trial judge that the word “momentarily” means something that is done in an instant. As such, the Appeals panel held that the § 31-21-4(b)(2) exemption did not apply to Defendant because the one to two minutes that his vehicle was parked exceeded a momentary stop. Accordingly, the Appeals Panel affirmed the decision of the trial judge.

State of Rhode Island v. Michael Kelly, No. T17-0023 (July 26, 2018).pdf

Parking or Stopping Prohibited

Defendant appealed the decision of the Municipal Court sustaining the charged violation of  R.I.G.L. 1956 § 31-24-4 (places where parking or stopping prohibited).  At trial, the Officer testified that the Defendant was parked eight feet from the stop sign when the statute prohibits vehicles from parking within thirty feet of a stop sign.  The Defendant argued that the citation should be dismissed because the street lacked signage to inform motorists that parking in that area is prohibited.  The Panel noted that the trial judge made his decision after reviewing all of the evidence, which included the Officer’s testimony and by a picture that “shows the truck parked within 5 feet of the stop sign.”   The Panel explained that the Defendant’s arguments relate to questions of fact that were heard by the trial judge and that the Panel’s review is limited to questions of law.  The Panel explained that the trial judge properly held that the elements of the charge were met and, therefore, that the judge’s decision to sustain the charge was based upon legally competent evidence.  Accordingly, the Panel sustained the charged violation.

own of Johnston v. Brenda Marchetti, C.A. No. M12-0021 (June 25, 2013).pdf