State v. Peters

by
A passenger in a moving vehicle who forcibly seizes the steering wheel has exercised sufficient control of the vehicle to be deemed a “driver” or “operator” under the reach of chapter 27 of title 31, and therefore, the terms “operating” or “driving” under R.I. Gen. Laws 31-27-1.2, 31-27-2.6 and 31-11-18 can encompass a passenger in a moving motor vehicle who seizes the wheel from the driver and steers the vehicle.The Supreme Court vacated the judgment of the superior court granting a motion to dismiss several counts set forth in a criminal information against Defendant for lack of probable cause pursuant to Rule 9.1 of the superior court rules of criminal procedure. Specifically, the trial justice declared that Defendant could not have violated the statutes at issue because Defendant - a back-seat passenger - was not operating or driving the motor vehicle when he grabbed the steering wheel and turned it, causing the vehicle to roll over. The Supreme Court held (1) by steering the direction of a moving vehicle, Defendant placed himself in the realm of the vehicle’s operator; and (2) this conduct can support a prosecution for violating sections 31-27-1.2, 31-27-2.6 and 31-11-18. View "State v. Peters" on Justia Law