The appellant appealed his conviction for failure to properly wear a seatbelt contrary to section 106(2) of the Highway Traffic Act.
A police officer observed the appellant driving a dump truck without an apparent shoulder restraint during a brief observation of approximately 20 to 30 seconds at a traffic light intersection.
The trial justice convicted the appellant based on the officer's evidence.
On appeal, the court found that the appellant's evidence, though not explicitly stating he was wearing a seatbelt, logically conveyed that he was wearing one at all times.
The court determined the trial justice misapplied the burden of proof and failed to properly apply the W.(D.) test for assessing credibility and reasonable doubt.
The appeal was allowed, the conviction was set aside, and an acquittal was entered.