Colin B. Foote Act

Defendant appealed the decision of the Appeals Panel sustaining enhanced sanctions imposed pursuant to R.I.G.L. 1956 31-27-24 (Colin B. Foote Act).  The Appeals Panel rendered its decision on February 7, 2012, but remanded to the trial judge for findings of fact as to the issue of whether the defendant’s continued driving would constitute a “substantial driving hazard.”  The Defendant appealed to the District Court on February 17, 2012.  The trial judge issued its findings of fact as to the issue of dangerousness on March 15, 2012.  The defendant attempted to amend his appeal to the District Court to include a review of the trial judge’s March 15 findings.  The District Court held that the issue was not ripe for review because the Appeals Panel had not reviewed the trial judge’s March 15 findings.  Accordingly, the Court denied the defendant’s claim for relief.

Jacob Botella v. State of Rhode Island, A.A. No. 12-046 (June 19, 2012).pdf

Colin B. Foote Act

The Colin B. Foote Act provides for enhanced penalties to be imposed upon persons convicted of four moving violations within an eighteen month period. Here, the defendant’s first conviction occurred on June 2, 2010, and the summons in this case was adjudicated on November 11, 2011. Thus, it was within the eighteen months period. Also, the Court noted that neither the Act nor the Constitution requires written notice to be given to the defendant of the Cobin B. Foote Act. The judge warning the defendant that he was subject to the penalties at the arraignment was enough.  Accordingly, the Court sustained the violation against the defendant. 

Jacob Botella v. State of Rhode Island, A.A. No. 12-046 (June 19, 2012).pdf