RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Jeffrey D’Ambra, No. M18-0012 (November 4, 2019)

State of Rhode Island v. Jeffrey D’Ambra, No. M18-0012 (November 4, 2019).pdf
Appeals Panel
11/04/2019
State of Rhode Island v. Jeffrey D’Ambra, No. M18-0012 (November 4, 2019)

Colin B. Foote Act

Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-27-4 (Colin Foote Statute). At trial, the trial judge sustained a violation of § 31-16-2 and thereafter imposed sanctions under the Colin Foote Statute.

On appeal, Defendant argued that the trial judge’s decision was in violation of the law as the Colin Foote Statue enumerates specific offenses for which sanctions may be imposed and the charged violation was not one of those enumerated offenses. The Appeals Panel found that the Colin Foote Statute does not apply to the charged violation here. As such, the Appeals Panel held that the trial judge’s decision was in violation of the law. Accordingly, the Appeals Panel reversed the trial judge’s decision to apply the Colin Foote Statute and remanded the case to the trial court for resentencing.

Note: Although the Appeals Panel reversed the trial judge’s decision to impose sanctions pursuant to the Colin Foote Statute, the Appeals Panel affirmed the trial judge’s decision with respect to the § 31-16-2 violation.

State of Rhode Island v. Jeffrey D’Ambra, No. M18-0012 (November 4, 2019).pdf

Appeals Panel
11/04/2019
State of Rhode Island v. Jeffrey D’Ambra, No. M18-0012 (November 4, 2019)

Manner of Turning

Defendant appealed a trial judge’s decision sustaining a violation of G.L. 1956 § 31-16-2 (manner of turning at intersection). A police officer observed Defendant making a right turn in a manner which resulted in Defendant traveling in the middle of two lanes upon the completion of the turn. At trial, Defendant admitted to traveling in the middle of two lanes immediately after taking the right turn. On appeal, Defendant argued that the trial judge erred because Defendant executed the turn at a lawful distance from the curb.

Under § 31-16-2, a driver making a right turn must make the turn “as close as practicable to the right-hand curb or edge of the roadway.” See § 31-16-2. Based on Defendant’s testimony that he ended up in the middle of two lanes after initiating the right turn, the trial judge determined that Defendant violated the statute because he was not “as close as practicable” to the curb. As such, the Appeals Panel held that the trial judge’s decision was supported by sufficient evidence. Accordingly, the Appeals Panel affirmed the trial judge’s decision in part.

Note: The trial judge improperly issued sanctions pursuant to § 31-27-24 (Colin Foote Statute). As such, the Appeals Panel reversed the trial judge’s decision in part.

State of Rhode Island v. Jeffrey D’Ambra, No. M18-0012 (November 4, 2019).pdf