RI District Court and Traffic Tribunal Case Law

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Anna Kyriakides v. State of Rhode Island, A.A. No. 2018-141 (July 29, 2019)

Defendant appealed a decision of the Appeals Panel subjecting her to enhanced penalties under G.L. 1956 § 31-27-24 (Colin B. Foote Act). The Colin B. Foote Act imposes enhanced penalties on “[e]very person convicted of moving violations on four (4) separate and distinct occasions within an eighteen (18) month period.” The Appeals Panel calculated the statutory period from the date of the first conviction to the date that the new offense was committed. Defendant argued that the Appeals Panel erroneously interpreted the statute and that the relevant date was the date of conviction for the new offense. The District Court found the statute to be unambiguous and, therefore, interpreted the statute using the plain-meaning rule. As such, the District Court held that a driver must have four convictions within an eighteen-month period in order for the court to impose enhanced penalties under the statute. Accordingly, the District Court reversed the Appeals Panel’s decision.

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