Charlestown DUI Conviction

As reported by Amanda Milkovits in the December 10, 2010 edition of the Providence Journal, Colin Foote's father has pled to driving while under the influence ("DUI"). Mr. Foote has been an outspoken proponent of harsher driving laws following the death of his son.  His son, Colin, was killed when another driver ran a red light.  That motorist, who had a history of traffic violations, including speeding and running red lights, was charged with driving to endanger - death resulting. 

This time, it is Mr. Foote facing charges.  The incident giving rise to his arrest occurred last Friday in the town of Charlestown.  Allegedly Mr. Foote witnessed a female motorist run the same red light where his son was killed.  He then followed the motorist, in an attempt to turn her into the police.  She drove to the police station to report Mr. Foote and it is there were police observed signs of intoxication.  Mr. Foote failed the field sobriety tests and later refused to take a chemical breathalyzer.  In addition to DUI, Mr. Foote was also charged with disorderly conduct and reckless driving.

Pursuant to Rhode Island General Law 31-27-2, the penalties for DUI include:  

(ii) Every person convicted of a first violation whose blood alcohol concentration is one-tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.

As a first time offender, Mr. Foote was given minimum sanctions on the DUI charge.  He also spoke in Court accepting responsibility for his actions and stated he apologized to the other motorist.