Appeals Panel
04/20/2011
Town of North Kingstown v. Michelle Mancini, C.A. No. T11-0008 Penalties
Penalties
Concurrence, Almeida J. The issue of license suspension was not raised at trial, but Justice Almeida noted that because the defendant was cited going less than ten miles per hour over the posted speed limit and since her driving record indicated that she had three prior speeding offenses in the past year, then R.I.G.L. 1956 § 31-41.1-6 and R.I.G.L. 1956 § 31-41.1-4 dictates that the defendant’s license should only have been suspended for thirty days, not the six months that the trial magistrate assigned.
Town of North Kingstown v. Michelle Mancini, C.A. No. T11-0008 (April 20, 2011).pdf
Appeals Panel
04/20/2011
Town of North Kingstown v. Michelle Mancini, C.A. No. T11-0008 Trial Procedure
Procedure
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 magistrate was not mandated to recuse himself because the purpose of raising the defendant’s previous traffic offenses before trial was only to give notice to the defendant and her attorney. The Court noted that nothing in the record suggested that the trial magistrate preconceived anything about the defendant’s guilt or innocence before the trial. Thus, the Court held that recusal was not warranted and sustained the violation against the defendant.
Town of North Kingstown v. Michelle Mancini, C.A. No. T11-0008 (April 20, 2011).pdf