Procedure

Defendant appealed the decision of the trial court denying defendant’s Motion for Relief from Judgment or Order filed pursuant to Traffic Tribunal Rule of Procedure 20(e). Defendant pled guilty to R.I.G.L. 1956 § 31-27-2.1 (“refusal to submit to a chemical test”) on September 5, 1985. Defendant, a resident of Connecticut, paid the fine, but failed to attend driver retraining and to complete the required ten hours of community service. For this failure, defendant’s driving privilege in Rhode Island was suspended. When Defendant attempted to renew his license in Connecticut some 30 years later, in 2015, the Connecticut DMV refused because of the Rhode Island driving suspension. Defendant made a motion in the Traffic Tribunal to request relief from the requirement to complete both the driver retraining and community service. The Appeals Panel held that the Traffic Tribunal does not have the authority to waive mandatory sanctions under Rule 20(e) since in doing so the court would intrude upon substantial legislative matters. Accordingly, the decision of the trial court was affirmed.

State of Rhode Island v. Joseph E. Sands, No. T16-0005 (August 31, 2016).pdf