How to Fight a Traffic Ticket in Rhode Island

Rhode Island traffic tickets are notices issued to drivers by law enforcement officers for allegedly violating state traffic rules and regulations. Matters relating to motorists in the state are managed by the Rhode Island Division of Motor Vehicles. Some examples of common Rhode Island traffic violations include:

• DWI and DUI offenses
• Driving without a license
• Driving aggressively
• Speeding
• Failure to use turn signals
• Failure to halt for the stop sign

Rhode Island traffic citations usually remain on a motorist’s driving record for 36 months. Although in most U.S. states, the major worry for drivers is the accumulation of traffic points on the license, Rhode Island does not operate a points system. The government employs the term “habitual offenders” to regulate the individuals who accrue several tickets within a specific period, repeatedly commit DWIs & DUIs, or constantly violate any traffic rule. Therefore maintaining a clean record as a driver in a state that practices a point system is just as important in a state that does not.

Records that are considered public may also be accessible from some third-party websites. These websites streamline the inquiry process since they aggregate records from various geographic locations and allow users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

These sites operate independently of government sources and are not sponsored by government agencies.Thus, the accuracy and validity of these records may not be guaranteed.

Is it Worth it To Fight a Traffic Ticket in Rhode Island?

Yes, fighting a traffic ticket in Rhode Island may prove worth it because it is constitutionally entrenched that persons issued a citation can dispute it in a court. Rhode Island’s speeding laws are unique because offenders are charged a flat amount of $75 following most moving offenses. However, the drivers that are charged for speeding pay an even higher price. For instance, an individual speeding at 10 mph higher than the predetermined speed limit will be charged $85. Also, a driver may get charged for every added mile per hour above the limit such a person goes. Therefore speeding at 63 mph when the speed limit is 50 may cost a motorist at least $215, and that does not include any other consequences or fees that might accompany the citation.

Although contesting a ticket is time-consuming and stressful compared to pleading guilty, every concerned party may choose to take advantage of their constitutional right. A guilty plea at arraignment may result in further sanctions and even suspension of the driver’s license.

Ways to Fight a Traffic Ticket in Rhode Island

In Rhode Island, traffic tickets are typically disputed in court. After an offender enters a plea of not guilty to a Rhode Island traffic ticket, they are informed of a trial date. The law enforcement officer who served the citation to the driver will also be required to appear. Deciding to go to trial means that both the prosecutor and the defendant could not reach an agreement on the case.

At trial, the police officer who served the ticket testifies first because the state bears the burden of proving, through clear evidence, that the offender is guilty. The officer will give the statement and present evidence that demonstrates the defendant violated a traffic rule. Afterward, the individual or the representative will be allowed to cross-examine the prosecutor.

The police officer will be allowed to call out witnesses as further proof. However, the defense may also be permitted to cross-examine them all.

Finally, the alleged offender will be given the opportunity to testify and call out witnesses if available. However, concerned parties should note that the defense may not be allowed to display any evidence.

After trial, if the judge ruled in the driver’s favor, the case may be dismissed, no fees paid, and no record of the alleged violation. On the other hand, if the judge finds the offender guilty, sanctions may be imposed. However, as stated in the rules of procedure, Rhode Island Traffic Tribunal (rule 21), motorists are entitled to appeal to the Appellate panel, any municipal court/Traffic Tribunal judgment.

How to Fight a Traffic Ticket Without Going to Court

In Rhode Island, when a traffic ticket is being contested, the officer who issued the citation should be present. Otherwise, the defense can request a “motion to dismiss,” which is a request to throw out the ticket since there is no prosecution. With that, the judge may have to dismiss the case and cancel fines/court costs and citations from the driver’s record.

Alternatively, if both parties in the case can reach an agreement without trial, then the matter can be resolved. The defendant may converse with the concerned officer and try to reach a disposition (an agreement). The disposition may be an outright dismissal or any of the following:

• Community service
• Reduced fines
• Charitable contributions
• Retraining the driver

How Do You Get a Traffic Ticket Reduced in Rhode Island?

In Rhode Island, traffic offenders can talk to the officer/prosecutor to reach an agreement without a trial. This is the same as the mitigation hearing, and the offender is at an advantage with an experienced Rhode Island traffic attorney. The offender’s representative can ask the police department to reduce the driver’s ticket speed rate. Also, in certain cases, an individual can get the traffic ticket reduced after enrolling and completing a state driving course.

Can you Get a Speeding Ticket Dismissed in Rhode Island?

Yes, motorists in Rhode Island can get their speed tickets dismissed. Pursuant to section 31.41.1–7 (Rhode Island code), an alleged offender has the right to seek the dismissal of a traffic citation based on a credible driving record. For Rhode Island motorists to take advantage of their good driving records, they are expected not to have on their driving record any moving violations for the previous three years. Also, such persons should not fail to appear for trial on the specified court date.

What Happens if You Plead Guilty to a Traffic Ticket in Rhode Island

Most minor citations can be resolved once the offender pays the fine. However, an admission means the ticket may remain on the driver’s driving record for at least 3 years.

Offenders should note that accumulating citations may lead to sanctions. For instance, accumulating three tickets in twelve months may lead to the offender appearing at the Rhode Island traffic tribunal. Such offenders are liable for a license suspension. Also, receiving four citations within 18 months opens up the individual to the Colin B. Foote Act penalties, which include:

• A fine as high as $1,000;
• Driver retraining course for 60 hours (minimum)
• Community service for 60 hours (minimum)
• One-year driver license suspension
• Two years revocation of driver's license

How to Find a Traffic Ticket Attorney in Rhode Island

Motorists issued traffic tickets in Rhode Island can find experienced traffic legal advisors within the state. The attorney can help if the alleged offender is seeking to negotiate a plea bargain with the prosecutor. Many third-party sites offer persons dealing with traffic tickets the names and contacts of different Rhode Island traffic attorneys. Before picking a traffic attorney, the concerned party should check the lawyer’s reviews from past clients. This is an important step for determining if that attorney is experienced and credible.