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Rhode Island Texting While Driving Lawyer

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Rhode Island Texting While Driving Attorney

In the digital age that we live in, we have seen technological advances completely alter our way of life. Cellphones are a prime example of this. They have made us also accessible and able to communicate.

However, this endless accessibility has led to some significant problems, including texting and driving. The state of Rhode Island has taken notice and decided to combat this problem with the “Hands-Free Law.” A law that essentially makes it illegal to text and drive.

Breaking this law can have serious consequences, such as a license suspension and/or a monetary fine for your first offense. Therefore, you should contact an experienced Rhode Island Traffic Attorney to help you fight this ticket.

The attorneys at Ellison Law LLC are experienced Rhode Island Traffic Attorneys who will use their experiences to help you fight a texting and driving ticket.

WHAT IS TEXTING AND DRIVING IN RHODE ISLAND?

According to Rhode Island law, somebody is texting and driving when they “use a wireless handset or personal wireless communication device to compose, read, or send text messages while driving a motor vehicle on any public street or public highway within the state of Rhode Island.” R.I. Gen. Laws § 31-22-30(b).

WHAT ARE THE ELEMENTS THE PROSECUTION MUST PROVE FOR TEXTING AND DRIVING IN RHODE ISLAND?

If a case for texting and driving were to go to trial, the prosecution must prove:

  1. You used a wireless handset or personal wireless communication device;
  2. To compose, read, or send text messages; and
  3. You did so while driving a motor vehicle on any public street or public highway in the state of Rhode Island.

HOW IS DRIVING DEFINED FOR TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE IN RHODE ISLAND?

Rhode Island law defines driving as “operating a motor vehicle on a public road, including operation while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise, but does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.” R.I. Gen. Laws § 31-22-30(a)(1).

WHAT IS THE DEFINITION A MOTOR VEHICLE WITHIN THE TEXT MESSAGING WHILE OPERATING A MOTOR VEHICLE LAW IN RHODE ISLAND?

Rhode Island law defines a motor vehicle as “any vehicle that is self-propelled by a motor, including, but not limited to: automobiles, trucks, vans, construction vehicles, etc.” R.I. Gen. Laws § 31-22-30(a)(4).

HOW IS A WIRELESS HANDSET AND PERSONAL WIRELESS COMMUNICATION DEVICE DEFINED IN RHODE ISLAND?

Rhode Island law defines a wireless handset as “a portable electronic or computing device, including cellular telephones and personal digital assistants (PDAs), capable of transmitting data in the form of a text message.” R.I. Gen. Laws § 31-22-30(a)(10).

Additionally, Rhode Island law defines a personal wireless communication device as “a hand-held device through which personal wireless services (commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services) are transmitted, but does not include a global navigation satellite receiver used for positioning, emergency notification, or navigation purposes.” R.I. Gen. Laws § 31-22-30(a)(6).

WHAT ARE THE PENALTIES FOR TEXTING AND DRIVING IN RHODE ISLAND?

That depends on how many times you have broken this law.

  • First Offense
    • A fine of $100, or
    • A license suspension for up to 30 days.
  • Second Offense
    • A fine of $150, or
    • A license suspension for up to 3 months.
  • Third or Subsequent Offense
    • A fine of $250, or
    • A license suspension for up to 6 months. 31 R.I. Gen. Laws § 31-22-30(e).

WHAT SHOULD I DO IF I HAVE RECEIVED A TICKET FOR TEXTING AND DRIVING IN RHODE ISLAND?

You do not have to fight a ticket for text message while driving alone, you can have the experienced Rhode Island Traffic Attorneys at Ellison Law LLC represent you through the process. You can contact Ellison Law LLC for legal representation today at 401-230-5520.

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David was great. He helped proved my innocence and won my case. He also helped me with my insurance issue. I will always keep his number by my side. I would reccomend him to anybody.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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