Venue

Defendant appealed the trial court’s decisions sustaining the defendant’s violation of R.I.G.L. 1956 § 31-13-4 (“obedience to devices”). Defendant argued that venue was not proper in Newport County Municipal Court because the trial judge failed to establish the place at which the offense charged was committed. Following State v. Brown, 196 A.2d 138 (R.I. 1963), the Appeals Panel held that venue was proper in Newport County Municipal Court because the officer was an officer for the City of Newport and the officer pulled over the Defendant’s vehicle on streets located in Newport. Therefore, by circumstantial evidence, venue was established. In State v. Brown, the Supreme Court had held that both direct evidence and circumstantial evidence can establish venue. Accordingly, the trial court’s decision sustaining the violation was affirmed.

City of Newport v. Heshmatollah Ashtari, No. 15-0043 (June 14, 2016).pdf