LEGAL MATTERS: How To Make That Speeding Ticket Go Away

Wednesday, July 18, 2012

Susan G. Pegden and Sean P. Feeney, GoLocalProv Legal Contributors

You might be able to beat that speeding ticket fair and square. It all depends on your driving record. Photo: RI DMV.

It can happen to anyone. You’re driving down the street not paying attention to your speed and the flashing lights come on behind you. You think about how much it’s going to cost you as the police officer is walking up to your car.

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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Comments:

Dave Barry

8:34am on Wednesday, July 18, 2012

Unless the law changed, the speed could not exceed 11 miles per hour over the limit, not 14.

Lance Chappell

8:52am on Wednesday, July 18, 2012

I notice that there are a number of school buses still on the highways today. I understand there are probably needs for students attending summer school but I have actually seen these buses running on Sundays. If public schools are not in session, are the drivers permitted to turn on those red lights to stop traffic? I sense that would be outside the rules of the statute.