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Scituate chief wants change in law on suspended licenses

01:00 AM EDT on Tuesday, October 20, 2009

By Thomas J. Morgan

Journal Staff Writer

SCITUATE — Police officers stopped two cars over the past week and discovered that the drivers not only had suspended licenses, but were frequent offenders.

For one driver, it was the 17th such offense. For the other it was the 18th time, according to Deputy Police Chief Stephen B. Lang. He said the suspects also were on probation and suspended sentences from previous cases.

“It’s disgusting. It’s disgraceful,” Lang said. “The two of them should be riding a RIPTA bus together.”

He said one of the drivers, Paul Rocha, 47, of 348 Old Plainfield Pike, formerly of South Kingstown, has lacked a valid license since 1984. Rocha has been arrested 37 times in Rhode Island over the years, he said.

He said Rocha’s record in traffic court alone is eight pages long.

“I’ve seen four pages,” Lang said, “but never eight pages. He has total disregard for every other human being on the road.”

Lang said that Rhode Island law should be amended to follow the pattern for cases of domestic assault, in which a third offense automatically rises to the level of a felony, carrying a more serious penalty.

“When you look at the amount of bad accidents we have, or the [drunken-driving cases], most of the time, we discover that their licenses were suspended,” he said.

Beryl Kenyon, a spokeswoman for the attorney general’s office, said that under some circumstances a third offense of operating on a suspended license can already be considered a felony. She said, for instance, that a driver can be charged with a felony for having a suspended license if the driver commits one or more of various other offenses at the same time. Among them are operating under the influence of alcohol or drugs, driving to endanger with death resulting or committing three moving violations within a one-year period.

“We share Scituate’s frustration at repeat offenders who clearly have no respect for the law, and we look forward to discussing the matter once the General Assembly returns to session,” Kenyon said.

When told of the Scituate cases, Pawtucket Police Chief George L. Kelley III, president of the Rhode Island Police Chiefs Association, said of the driving records of the frequent offenders, “I’ve never seen anything that drastic.”

Kelley said an association meeting is scheduled for Tuesday evening, and he planned to place the question on the agenda.

An automatic upgrade to felony status for a third offense “might be the kind of legislation we want to take a look at,” he said.

In the first Scituate case, on Thursday, Patrolman Mathew King reported he saw a large windshield crack on a passing car driven by Rocha.

King halted the car on Tunk Hill Road. When he checked the driver’s record, he learned that Rocha had been released from prison a month ago after serving a term for assault with a dangerous weapon. Rocha has a three-year suspended sentence hanging over his head, Lang said, and three years of probation.

Rocha had been charged 16 times for driving on a suspended license, Lang reported.

The deputy chief said that Rocha has a criminal record dating to 1983 that includes drunken driving, assault, breaking and entering, drag racing and resisting arrest.

He said Bail Commissioner Richard Finnegan set bail at $10,000, which Rocha posted.

The suspect is to appear Oct. 28 in District Court, Warwick.

A passenger in Rocha’s car, Heidi Cetenich, 38, of the same address, was wanted on a court warrant in an unrelated case, Lang said. He said she was held at the Adult Correctional Institutions pending a court appearance.

In the other case, Sgt. Donald Delaere saw a car pass on Hartford Pike and recognized the driver, Robert A. Notarianni, 44, of 47 Cucumber Hill Rd., Foster. Delaere knew that Notarianni had a suspended license, and halted the car, Lang said.

“Notarianni said, ‘Give me a break. I’m just driving to Providence and I almost have my license reinstated,’ ” Lang said.

The deputy chief said that Notarianni was still on probation from a charge of driving on a suspended license brought by Scituate police that was imposed on him in January.

Bail Commissioner Finnegan set bail at $5,000, which Notarianni posted. The suspect is to appear in District Court, Warwick, Oct. 28.

“This will be his 18th offense for a suspended license,” Lang said. “He has a total of 23 arrests, including shoplifting, resisting arrest, and possession of marijuana.”

Notarianni said his license had been suspended fewer times.

tmorgan@projo.com

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