Penalties

Defendant appealed the decision of the trial judge sustaining the charged violations of R.I.G.L. 1956 §§ 31-15-11 (laned roadways) and 31-15-5 (turn signal required).  The Defendant argued that the trial judge erred in finding him guilty of the violations.  The Panel explained it will not substitute its judgment for that of the hearing judge on issues of credibility.  Accordingly, the Panel sustained the charged violations.  The Panel, sua sponte, then reconsidered the court costs imposed.  The Panel pointed out that the trial judge erred in assessing court costs of $35.00 for each violation.  The Panel explained that, pursuant to the statute, a $35.00 fee shall be assessed for “each person” and not for each violation.  See R.I.G.L. 1956 § 8-18-4(g).  The Panel held that the trial judge erred in assessing a fee for each violation and that the Defendant was entitled to a refund for any costs beyond the $35.00 statutory hearing fee set out in § 8-18-4(g).  Accordingly, the Panel remanded for the re-allocation of court costs.

City of East Providence v. James Roberson, C.A. No. M12-0009 (December 13, 2012).pdf