2003 -- S 0457

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LC01934

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC

OFFENSES

     Introduced By: Senators Gibbs, Perry, Parella, Bates, and Polisena

     Date Introduced: February 13, 2003

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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driving record.

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

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

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as otherwise provided by law, be dismissed based upon a good driving record.

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

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

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constitute a prior violation.

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

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

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

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27-2.1;

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      (3) Any violation involving a school bus;

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

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personal injury;

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      (5) Any violation for the failure to use safety belts or child restraint systems for any

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person under sixteen (16) years of age. Any speeding violation in excess of fourteen miles per

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hour (14 m.p.h.) above the posted speed limit.

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

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maintained for a period of three (3) years.

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

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dismissing a violation pursuant to this section.

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     SECTION 2. This act shall take effect on July 1, 2003.

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LC01934

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC

OFFENSES

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     This act would prohibit automatic dismissal of charges for failure to use safety belts or

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child restraints for any person under sixteen (16) years of age.

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     This act would take effect on July 1, 2003.

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LC01934

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