Chapter 262 |
2021 -- H 5978 SUBSTITUTE A Enacted 07/14/2021 |
A N A C T |
RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC OFFENSES |
Introduced By: Representatives Edwards, Solomon, Casimiro, Alzate, Newberry, Baginski, and Potter |
Date Introduced: February 26, 2021 |
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 that 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 Rhode Island, or the trained personnel of the department of revenue. An order to 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) in an amount not to exceed the fee established |
by the college or university accredited by the state of Rhode Island or the department of revenue |
for driver retraining. 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 determines that a substantial traffic safety |
hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, may |
delay for a period of not to exceed 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 (30) |
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. |
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LC002196/SUB A |
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