Traffic Control Signals

Defendant appealed a decision from the North Smithfield Municipal Court sustaining a violation of R.I. Gen. Laws 1956 § 31-13-6(3)(i) (eluding traffic control lights). Defendant was accused of proceeding through a parking lot in order to avoid stopping at a red light. The Appeals Panel noted that, when the General Assembly amended § 31-13-6 in 2013, the General Assembly omitted the “eluding or evading” language that had previously been in the statute. As a result, the Appeals Panel found that under § 31-13-6, as currently written, there is no chargeable violation for conduct related to eluding or evading a traffic control device, making the Trial Judge’s decision effected by an error of law. Accordingly, the Appeals Panel granted Defendant’s appeal and the decision was reversed.

State of Rhode Island v. Fernando Cabral, No. M16-0007 (January 30, 2018).pdf