11/22/2011
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-47-9 (proof of financial security). The defendant, who had admitted to the violation at trial, pleaded for mercy from the $500 fine and six month loss of license that the trial judge imposed for the violation. Section 31-47-9(a)(2) states that a person who knowingly operates a vehicle without insurance may be subject to the mandatory suspension of license as follows: “For a second offense, a suspension of six (6) months; and may be fined five hundred dollars ($500).” The District Court held that the sentence was appropriate because this was the second time that the defendant had been found guilty of violating § 31-37-9. Further, the Court noted that the imposition of the maximum penalty was appropriate because the trial judge had found that the defendant attempted to deceive the court. Accordingly, the Court sustained the violation against the defendant.