The appellant appealed his conviction for driving while crowded contrary to section 162 of the Highway Traffic Act.
The charge arose from an incident where a small chihuahua dog jumped from the appellant's mother's lap onto the driver's seat and neck area while the appellant was driving on a four-lane highway with heavy traffic.
The trial justice convicted the appellant, finding he should have pulled over immediately.
On appeal, the court found the trial justice erred in failing to consider the appellant's evidence that he intended to pull over as soon as it was safely possible given the heavy traffic conditions and his position in the middle lane.
The appellate court allowed the appeal and entered an acquittal.
