Summary
The Rhode Island Supreme Court reviewed the dismissal of charges against Luke P. Peters for operating or driving a motor vehicle while intoxicated, recklessly, or with a revoked license. The court held that a passenger who forcibly seizes and turns the steering wheel of a moving vehicle may qualify as an operator under Rhode Island law and vacated the Superior Court's dismissal.
Topics
Practice areas
Questions Presented
- Whether a passenger in a moving motor vehicle who forcibly seizes and turns the steering wheel can be considered an operator or driver under Rhode Island's statutory definitions.
- Whether the alleged conduct supplied probable cause to prosecute Peters for driving under the influence resulting in serious bodily injury, driving so as to endanger resulting in serious or nonserious bodily injury, and driving with a revoked license.
- Whether the Superior Court clearly erred in granting Peters's Rule 9.1 motion to dismiss the motor-vehicle-related counts.
Holdings
- Rhode Island General Laws § 31-1-17 provides two types of operators: a driver and a person in actual physical control of a vehicle. A passenger who forcibly takes control of the steering wheel of a moving vehicle and steers it exercises actual physical control and may be deemed an operator.
- The allegations that Peters forcibly seized and turned the steering wheel of a moving vehicle, causing it to crash and injure occupants, were sufficient to support probable cause for prosecution under §§ 31-27-1.2, 31-27-2.6, and 31-11-18.
Key quotations
“Section 31-1-17 provides for two types of operators: the driver or a person who is in actual physical control of the vehicle.” (at 7)
“By forcibly controlling and altering a fundamental feature of a moving vehicle—such as steering the direction of the vehicle—defendant placed himself squarely in the realm of an operator of a vehicle.” (at 9)
Factual background
On August 6, 2014, Peters consumed alcohol with two adults and two minors before traveling as a rear-seat passenger in a vehicle driven by John Willette. While the vehicle was moving at a high rate of speed, Peters suddenly leaped forward, forcibly grabbed the steering wheel, and turned it, causing the vehicle to leave the roadway and roll over. The crash caused serious bodily injuries to one minor and bodily injuries to the other.
Procedural history
A Superior Court magistrate denied Peters's motion to dismiss, finding probable cause to conclude that he was operating a motor vehicle even though he was not driving it. Peters appealed to a Superior Court justice, who concluded that grabbing and tugging the steering wheel did not constitute driving or operating and dismissed counts 1 through 4 and count 6. The Superior Court denied the State's motion to reconsider, and the State timely appealed. The Rhode Island Supreme Court summarily decided the appeal after a show-cause proceeding and vacated the Superior Court judgment.
Remand instructions
The papers in the case may be remanded to the Superior Court for further proceedings.