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).  The Appeals Panel held that the trial judge made the requisite findings of fact pursuant to the Colin B. Foote Act, as the trial judge stated the following: (1) that the defendant had been a habitual offender of the motor vehicle code; (2) that the appellant’s driving record included three previous moving violations with a five month period; and (3) that based upon those violations and the most recent speeding charge, that the appellant “pose[d] a substantial safety hazard.”  However, the Appeals Panel held that the trial judge erred in awarding the appellant forty hours of community service instead of the sixty hours required by the Colin B.  Foote Act.  Accordingly, the Court remanded the case to the trial judge to impose the proper sentence.

Town of Hopkinton v. Keith W. Bowers No. M12-0008 (Dec. 20, 2012).pdf