Penalties

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-22-22(g) (safety belt use). Defendant argued that the trial judge’s decision to suspend the defendant’s license for two months was in excess of her statutory authority, and, further, that the sentence was an abuse of discretion because the penalty for a violation of § 31-22-22(g) enumerated in § 31-41.1-4 is forty dollars. The Appeals Panel held that the trial judge has the authority to include a license suspension as part of a sentence even where a fine is specified in § 31-41.1-4. Section 31-41.1-6 grants a trial judge or magistrate the authority to impose any penalty authorized by any provision of Title 31 “Motor and Other Vehicles.” Further, it is within the discretion of the trial judge to determine the length of time of a suspension. Accordingly, the Court held that the sentence imposed by the trial judge was within her statutory authority and was not an abuse of discretion. Thus, the violation against the defendant was sustained. State of Rhode Island v. Nicholas Light, C.A. No. T13-0057 (January 24, 2014).pdf