Colin B. Foote Act

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G. L. 1956 § 31-14-2 (prima facie limits) and enhanced sentence imposed under R.I.G.L. § 31-27-24 (Colin B. Foote Act).  The defendant claimed that the trial judge’s decision to suspend defendant’s license was an error of law because the trial judge failed to make a finding of fact that the defendant’s continued driving would constitute a “substantial traffic safety hazard” as required by the Act.  Following the language of the language of the Act, the panel explained that the Act requires a trial judge to make such findings of fact before imposing enhanced penalties.  Although the trial judge found that defendant had “disregarded the rules of the road and is a persistent violator,” and noted that he was “appalled that [the appellant] continues to speed,” such findings do not indicate that defendant’s continued driving constitutes a substantial safety hazard to traffic.  The panel held that the trial judge’s decision to suspend defendant’s license was an error of law.  Accordingly, the panel granted defendant’s appeal and dismissed the charged violation.

Town of Burrillville v. Geraldine Davenport, C.A. No. M13-0010 (March 7, 2014).pdf