Chapter 386

2007 -- H 6185 SUBSTITUTE A

Enacted 07/07/07

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC OFFENSES

Introduced By: Representative Carol A. Mumford

Date Introduced: March 21, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.1-7 of the General Laws in Chapter 31-41.1 entitled

"Adjudication of Traffic Offenses" is hereby amended to read as follows:

31-41.1-7. Application for dismissal based on good driving record. -- (a) Any person

who has had a motor vehicle operator's license for more than three (3) years, and who has been

issued traffic violations which are his or her first violations within the preceding three (3) years,

may request a hearing seeking a dismissal of the violations based upon the operator's good

driving record.

      (b) Upon submission of proper proof that the operator has not been issued any other

traffic violation within the past three (3) years, the charge shall, except for good cause shown or

as otherwise provided by law, be dismissed based upon a good driving record; provided, that the

operator pay a twenty-five dollar ($25.00) administrative fee for court costs associated with the

dismissal.

      (c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6)

months from the date of disposition. For purposes of this section, a parking ticket shall not

constitute a prior violation.

      (d) The following violations shall not be dismissed pursuant to this statute:

      (1) Any violation within the original jurisdiction of superior or district court;

      (2) A refusal to submit to a chemical test of breath, blood or urine pursuant to section 31-

27-2.1;

      (3) Any violation involving a school bus;

      (4) Any violation involving an accident where there has been property damage or

personal injury;

      (5) Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the

posted speed limit;

      (6) Any violation involving child restraints in motor vehicles pursuant to section 31-22-

22;

      (7) Any violation committed by a holder of a commercial license as defined in section

31-10.3-3 or any violation committed in a commercial motor vehicle as defined in section 31-

10.3-3 by an operator who does not hold a commercial license.

      (e) If the charge is dismissed pursuant to this section, records of the dismissal shall be

maintained for a period of three (3) years.

      (f) The judge or magistrate shall have the discretion to waive court costs and fees when

dismissing a violation pursuant to this section, with the exception of the mandatory twenty-five

dollars ($25.00) administrative fee provided for in section 31-41.1-7(b).

     SECTION 2. This act shall take effect upon passage.

=======

LC02384/SUB A

=======