Penalties

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-22-31 (mobile telephone usage by motor vehicle operators). The trial judge found Defendant guilty of the violation and after considering Defendant’s driving record, which included five speeding violations between 2018 and 2019, the trial judge imposed: (1) a fine of $100, (2) driver retraining, and (3) a loss of license for three months. Defendant argued that the imposition of a loss of license for three months and driver retraining exceeded the sanctions that were permissible under the charged violation.  Pursuant to G.L. § 31-41.1-6(c), a Traffic Tribunal judge may impose any penalty authorized by any provision of Title 31. As such, the Appeals Panel held that the trial judge had the authority to impose the aforementioned penalties. Accordingly, the Appeals Panel affirmed the decision of the trial judge.

State of Rhode Island v. Andrew Houlihan, No. T19-0019 (March 11, 2020).pdf