Appeals Panel
05/04/2012
State of Rhode Island v. Zigmond Coffey, C.A. No. T12-0014 (May 4, 2012) Penalties
Credibility
Defendant appealed from the decision of the hearing magistrate accepting his guilty plea to the charged violation of R.I.G.L. 1956 § 31-22-22 (safety belt use—child restraint) and imposing a sentence that included a six month license suspension. Specifically, the Defendant argued that the sentence was unduly harsh and therefore constituted an abuse of discretion. The Panel explained that a plain reading of § 31-41.1-6 authorizes members of the Court to suspend a motorist’s license for any violation of Title 31 of the General Laws of Rhode Island. The Panel then reasoned that the General Assembly gave broad discretion to a judge or magistrate to impose sanctions under § 31-41.1-6 and held that the magistrate did not abuse his discretion because he was statutorily authorized to impose a sentence including license suspension. Accordingly, the Panel sustained the sentence.
State of Rhode Island v. Zigmond Coffey, C.A. No. T12-0014 (May 4, 2012).pdf
Appeals Panel
05/04/2012
State of Rhode Island v. Zigmond Coffey, C.A. No. T12-0014 (May 4, 2012) Due Process
Due Process
Defendant appealed from the decision of the hearing magistrate accepting his guilty plea to the charged violation of R.I.G.L. 1956 § 31-22-22 (safety belt use—child restraint) and imposing a sentence that included a six month license suspension. Defendant argued that his guilty plea was not made knowingly, intelligently, and voluntarily. The Panel explained that the Traffic Tribunal Rules of Procedure and the Rhode Island Supreme Court demand that all guilty pleas be made knowingly and voluntarily, and that the defendant bears the burden of demonstrating, with evidence, that a guilty plea was not made knowingly and voluntarily. The Panel noted that the Defendant here was advised of the violation against him before entering his plea, and he chose to plead guilty. Further, the Panel noted the Defendant did not produce any evidence to show that his plea was anything but voluntary. Accordingly, the Panel sustained the charged violation.
State of Rhode Island v. Zigmond Coffey, C.A. No. T12-0014 (May 4, 2012).pdf