RI District Court and Traffic Tribunal Case Law

This website is in no way affiliated with, sponsored by, or supported by the Rhode Island Judiciary, the Rhode Island District Court, or Rhode Island Traffic Tribunal.

Town of Smithfield v. Matthew Connole, C.A. No. T14-0014 Colin B. Foote Act

Defendant appealed the trial magistrate’s imposition of sanctions under the Colin B. Foote Act (R.I.G.L. 1956 § 31-27-24) as an error of law, claiming that because two of the defendant’s prior moving offenses were on appeal they should not have counted toward sentence enhancement under the Act.  The Appeals Panel considered the precedent of nearby jurisdictions and determined that the finality of the appellate process should not preclude the imposition of an enhanced penalty, suggesting that the proper avenue for relief would be a motion to stay the penalties.  The Appeals Panel held that “prior convictions of this Tribunal on appeal with no final decision from the Appeals Panel do not prevent the imposition of sentence enhancement under § 31-27-24.”  Accordingly, the Panel sustained the 12 month license suspension and denied the defendant’s appeal.

 

Case Index