Chapter 322
2009 -- H 5732
Enacted 11/13/09
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES - MOTOR VEHICLE OFFENSES
Introduced By: Representative Donald J. Lally
Date Introduced: February 26, 2009
It is enacted by the General
Assembly as follows:
SECTION 1. Section 31-41.1-6 of the General Laws in Chapter
31-41.1 entitled
"Adjudication of
Traffic Offenses" is hereby amended to read as follows:
31-41.1-6.
Hearings. -- (a) Every
hearing for the adjudication of a traffic violation, as
provided by this chapter, shall be held before a judge or
magistrate of the traffic tribunal or a
judge of the municipal court, where provided by law. The
burden of proof shall be upon the state,
city, or town
and no charge may be established except by clear and convincing evidence. A
verbatim recording shall be made of all proceedings. The chief
magistrate of the traffic tribunal
may prescribe, by rule or regulation, the procedures for
the conduct of the hearings and for pre-
hearing discovery.
(b) After due
consideration of the evidence and arguments, the judge or magistrate shall
determine whether the charges have been established, and
appropriate findings of fact shall be
made on the record. If the charges are not established, an
order dismissing the charges shall be
entered. If a determination is made that a charge has been
established or if an answer admitting
the charge has been received, an appropriate order shall
be entered in the records of the traffic
tribunal.
(c) An order entered
after the receipt of an answer admitting the charge or where a
determination is made that the charge has been established shall be
civil in nature, and shall be
treated as an adjudication that a violation has been committed.
A judge or magistrate may include
in the order the imposition of any penalty authorized by
any provisions of this title for the
violation, including, but not limited to, license suspension
and/or in the case of a motorist under
the age of twenty (20), community service, except that no penalty for it shall include
imprisonment. A judge or magistrate may order the suspension or
revocation of a license or of a
registration in the name of the defendant in accordance with any
provisions of this title which
authorize the suspension or revocation of a license or of a
registration, or may order the
suspension of the license and the registration of the defendant
for the willful failure to pay a fine
previously imposed. In addition, after notice and opportunity to
be heard, a judge or magistrate
may order the suspension of the registration of the
vehicle with which the violation was
committed, if the defendant has willfully failed to pay a fine
previously imposed.
(d) A judge or
magistrate may, as authorized by law, order a motorist to attend a
rehabilitative driving course operated under the jurisdiction of a
college or university accredited
by the state of
attend a course may also include a provision to pay
reasonable tuition for the course to the
institution in an amount not to exceed twenty-five dollars
($25.00). The order shall contain
findings of fact. Failure to comply with an order of
attendance may, after notice and hearing,
result in the suspension or revocation of a person's license
or registration.
(e) Unless a judge or
magistrate shall determine that a substantial traffic safety hazard
would result from it, he or she shall, pursuant to the
regulations of the traffic tribunal, delay for a
period of thirty (30) days the effective date of any
suspension or revocation of a driver's license or
vehicle registration imposed pursuant to this chapter.
However, the regulations may provide for
the immediate surrender of any item to be suspended or
revoked and the issuance of appropriate
temporary documentation to be used during the thirty (30) day
period. Any order for immediate
surrender of a driver's license or vehicle registration shall
contain a statement of reasons for it.
SECTION 2. This act shall take effect upon passage.
=======
LC02072
=======