RI District Court and Traffic Tribunal Case Law

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Passing

District Court

District Court
01/11/2011
Town of West Greenwich v. John Kornlieff, A.A. No. 10-188 Passing

Passing

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-51-8 (operating left of center) and R.I.G.L 1956 § 31-51-12 (interval between vehicle).  The Court held that is was not necessary for the officer to specifically state that the defendant’s driving was unreasonable.  The Court found that the officer testifying that the defendant was attempting to pass someone in a no passing zone, swerving, riding too closely to another vehicle, and not pulling over immediately was sufficient to permit the trial judge to draw the conclusion that the defendant’s driving was unreasonable.  Accordingly, the Court sustained the violation against the defendant. 

Town of West Greenwich v. John Kornlieff, A.A. No. 10-188 (January 11, 2011).pdf

Appeals Panel

Appeals Panel
09/18/2009
Town of Johnston v. Gregory Acciardo, C.A. No. T09-0078-Passing of Vehicles Proceeding in Opposite Direction § 31-15-3

Passing

The Town of Johnston appealed the trial magistrate’s decision dismissing the violations of R.I.G.L. 1956 § 31-15-3 (passing of vehicles proceeding in opposite direction) and R.I.G.L. 1956 § 31-16-5 (turn signal required). The Appeals Panel held that because the record contained no evidence that the defendant passed any vehicles proceeding in the opposite direction, there was insufficient evidence to sustain the violation of § 31-15-3. Accordingly, the Court affirmed the decision of the trial magistrate.

Town of Johnston v. Gregory Acciardo , C.A. No. T09-0078 (September 18, 2009) Per.pdf