07/14/2015
The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-42-2 (prima facie limits). The Defendant argued that the trial magistrate imposed excessive sanctions pursuant to the Colin Foote Act of a $300 fine, 60 hours of community service, 60 hours of license retraining, loss of license for three months, and court costs. The Panel noted that the Colin Foote statute required the court to make findings as to whether the defendant would pose a substantial traffic safety hazard. The Panel held that the trial magistrate did not err in finding that the Defendant did pose a substantial traffic safety hazard because he had received four speeding violations and a violation for stopping and starting within seven months. Accordingly, based on the trial magistrate’s findings and the Defendant’s driving record, the Panel upheld the trial magistrate’s decision to impose the enhanced sanctions.
Town of Portsmouth v. Steven Harkness, C.A. No. T15-0011 (July 14, 2015).pdf