RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Dana Stephen, No. M17-0015 (April 11, 2018)

Defendant appealed a decision of the North Smithfield Municipal Court sustaining a violation of R.I. Gen Laws 1956 § 31-15-11 (laned roadway violation). Defendant argued that the North Smithfield Municipal Court acted in excess of its authority by imposing a severe penalty under the Colin Foote Act because a municipal court had no jurisdiction under that statute. The Appeals Panel noted that “a review of § 45-2-59 reveals that [a] municipal court [has] concurrent jurisdiction with the Rhode Island Traffic Tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated in § 8-18-3.” The Appeals Panel held that, although the Colin Foote Act is not “enumerated in § 8-18-3,” it is a “sentencing-enhancement mechanism.” The Appeals Panel found an analogy to the Rhode Island Supreme Court’s ruling that Rhode Island’s habitual offender law (§ 12-19-21(a)) was a “sentencing-enhancement mechanism. State v. Sitko, A.2d 260, 261 (R.I. 1983)(citing State v. DeMasi, A.2d 1369, 1372 (R.I. 1980)). Under this reasoning, municipal courts maintain concurrent jurisdiction and can apply the provisions of the Colin Foote Act. Therefore, the Appeals Panel found that the Trial Judge acted within the municipal court’s jurisdiction when imposing the penalties listed in § 31-27-24. Accordingly, the Appeals Panel denied Defendant’s appeal and sustained the charged violation.

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