Colin B. Foote Act

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G. L. 1956 § 31-27-24 (prima facie limits) and sentenced imposed under R.I.G.L. § 31-14-2 (Colin B. Foote Act).  The Appeals Panel held that the defendant’s failure to appear did not demonstrate excusable neglect, and that the trial judge was legally allowed to rely on the officer’s testimony.  Thus, because the defendant committed four separate and distinct moving violations within an eighteen month period, the Court sustained the violations.

Town of Bristol v. David Galuppo, No. M11-0012 (September 8, 2011).pdf