LEGAL MATTERS: How To Make That Speeding Ticket Go Away
Wednesday, July 18, 2012
The good news is that if you haven’t received another ticket within the past three years you may be entitled to have the citation dismissed.
The Good Driver Statute
Under Rhode Island law, a driver who has been licensed for more than three years; who has gone without a traffic violation (parking tickets don’t count) in the three years immediately preceding the ticket; and who wasn’t ticketed for exceeding the speed limit by more than 14 miles per hour can ask that the ticket be dismissed based on a good driving record. This is sometimes referred to as the “Good Driver Statute.”
In order to do this, you have to request a hearing and state under oath at the hearing that you have been violation free for the past three years. If the judge grants your request and dismisses the violation, the only thing you will have to pay is a $35.00 administrative fee for court costs.
What the Court Can’t Dismiss
Understandably, there are a number of violations the court is not allowed to dismiss – no matter how great your driving record.
Some examples of violations that are not covered by the “Good Driver Statute” include:
Refusing to take a chemical test to determine if you are driving under the influence.
Any violation involving a school bus.
Any violation involving property damage or personal injury.
Failing to restrain your child in your vehicle.
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship.
Susan G. Pegden is a litigation associate with the Law Firm of Hamel, Waxler, Allen & Collins in Providence. She is admitted to practice in Rhode Island and Massachusetts and is a member of the Board of Governors of the Rhode Island Association of Justice (RIAJ) and a member of the Rhode Island Women’s Bar Association.
Sean P. Feeney is a partner with the Law Firm of Hamel, Waxler, Allen & Collins. He is admitted to practice in Rhode Island, Illinois and Wisconsin. Mr. Feeney is a former special counsel to the City of Providence, military prosecutor with the United States Marine Corps and Special Assistant United States Attorney for the Central District of California.
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