Rhode Island Traffic Ticket Lawyer

Rhode Island Traffic Ticket Attorney

In the state of Rhode Island, traffic offenses are mainly heard at the Rhode Island Traffic Tribunal. However, some offenses are heard at the Municipal Courts in the individual cities and towns. It is important when you receive a traffic ticket to check which court you are required to go to.

A traffic ticket is a very common offense, and sometimes the consequences of a traffic ticket can be devastating to a person. This can leave a person feeling lost about how to handle their ticket.

If you receive a traffic ticket in Rhode Island, you could be facing a potential license suspension, the possibility of having to take driver retraining classes, an increase in insurance rates, and hefty fines and fees due to the court.

A traffic ticket can seem very minimal or trivial, but it is a legal matter that has legal consequences. A traffic ticket can come with costly fines and fees, a possible revocation of your driver’s license and the possibility that your driving record will be affected which can cause your insurance premiums to rise. You can have an attorney represent you on a traffic ticket.

The experienced Rhode Island Traffic Ticket attorneys at Ellison Law LLC have helped many clients avoid license suspensions, driver retraining classes and potential fines and costs. The team at Ellison Law LLC understands how important maintaining a driver’s license can be for our clients. Not having a license can mean you could lose your job, have to spend lots of money on Ubers and cabs, and can be extremely expensive.

If you have a Commercial Driver’s License (CDL), your livelihood could be affected with a potential suspension of your CDL. This can be true even if you are driving your personal vehicle. If you receive any traffic tickets while being a CDL holder, it is important to hire a traffic offense lawyer to help you with these charges.

Ellison Law LLC has represented many clients on traffic tickets. Our attorneys have represented clients at trials and also negotiated deals with the police and judges to protect their driving records to avoid catastrophic consequences.

Have you been charged with speeding, illegal lane change, running a red light, reckless driving, drunk driving or another traffic offense? If so, contact the Rhode Island Traffic Ticket Attorneys at Ellison Law LLC today.

What happens if I ignore a Traffic Ticket in Rhode Island?

Ignoring a traffic ticket, in Rhode Island, can lead to serious consequences that go beyond the initial violation. If you fail to either respond or pay the ticket, the court may potentially issue a default judgment against you, which means that you’re automatically found guilty of the traffic violation.

This can result in an imposition of the fines you had, the conviction of the charge will then be on your driving record and you may face a license suspension for failing to pay or you can get a license suspension for an accumulation of too many offenses. A conviction can also cause your insurance premiums to go up.

Ignoring a ticket won’t make it go away, it will only hurt you. If you’re already ignoring or missing the deadlines to address your ticket, it’s crucial that you act quickly. In this scenario, you can have the help of a traffic attorney, like the Rhode Island Traffic Ticket Attorneys at Ellison Law LLC, who can guide you through this process to try and minimize the impact of this action.

Can a Rhode Island Traffic Tribunal Judge Suspend Your License?

Rhode Island law gives Rhode Island Traffic Tribunal Magistrates a great deal of discretion regarding the punishment of motorists who have violated any of Rhode Island’s motor vehicle laws. Philip Dey v. State of Rhode Island, A.A. No. 14-124 (2015).

Rhode Island General Laws 31-41.1-6(c) states that:

“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 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.”

With that in mind, the District Court in Philip Dey v. State of Rhode Island, A.A. No. 14-124 (2015) reasoned that Magistrates have the power and discretion to suspend a person’s license and/or issue community service (for anyone under the age of 20) if that person has violated any provisions in Title 31.

Can a Traffic Violation lead to a criminal charge in Rhode Island?

In Rhode Island, not all traffic violations are charged as minor, civil infractions. Instead, some can be charged as criminal charges, depending on the circumstances of what happened. Offenses such as speeding or failing to stop at a red light, most of the time, are considered minor infractions. However, there are certain scenarios where what seems like a traffic violation can actually be charged as serious criminal offenses such as reckless driving, a DUI charge or leaving the scene of an accident, which all carry potential criminal consequences. These types of charges usually have stronger penalties including hefty fines, a license suspension, a permanent mark on your driving record, higher insurance premiums and potential jail time.

What happens if I miss a traffic court date in Rhode Island?

Missing a traffic court date can lead to serious consequences on the traffic ticket. In Rhode Island, if you fail to appear, the court will likely issue a default judgement against you. This means that you’re automatically found guilty of the traffic violation. The judge then sentences you on the spot, how they see fit, with no explanation from you of what may have happened or what is going on in your life. This can potentially result in a license suspension, a mark on your driving record, driving classes, fines and/or increased insurance premiums.

What is the Court Process for a Traffic Ticket in Rhode Island?

If you want to fight a ticket, you can hire an attorney to help represent you throughout the whole process. Ellison Law LLC has experienced Rhode Island traffic offense lawyers who have represented many people on traffic ticket violations.

Initially, you will receive a summons which will tell you what you are charged with and what date to appear in court.

At your initial appearance at the Rhode Island Traffic Tribunal or a Municipal Court, you can enter a plea of Guilty or Not Guilty. There will be a police prosecutor or city solicitor representing the town or city that issued you the ticket. It is likely the police officer who issued you the ticket will not be there.

Our attorneys have experience negotiating and speaking with police prosecutors and city solicitors throughout the State of Rhode Island. If you choose to enter a Guilty plea, the process is over and the judge will sentence you based on the offense and the law.

If you decide to plead Not Guilty, you can request a trial date. At the trial date, the police officer who issued you the ticket will likely have to come in to give testimony as to what happened. You have the right to ask this police officer questions, testify on your own behalf and present evidence. You can also make an argument to the judge about why you are Not Guilty.

Our attorneys have represented many clients at trial throughout their careers and are experienced in conducting all aspects of a trial. At the end of the trial, the judge will make a determination as to whether you are guilty or not guilty of the charges and what sentence to impose if you are found guilty.

How long does a Speeding Ticket stay in my record in Rhode Island?

In Rhode Island, a speeding ticket will typically stay on your driving record for three years, starting the date of the violation. However, this timeframe may vary depending on the circumstances of the offense, such as if your license was suspended. During this period, the ticket may potentially affect your insurance premiums and you will have a mark on your driving history.

After three years, it’s possible that the violation may no longer appear on your record but it’s always important that you talk both with the Rhode Island DMV and an attorney who’s skillful with traffic tickets, like the attorneys at Ellison Law LLC.

Four Reasons to Fight Traffic Offenses

Whether a traffic offense is minor or major, you want to fight it. Here are four good reasons why that’s the case.

1. Clean driving record: If you pay the fine, plead guilty, or ignore a traffic offense, you will ruin a potential clean driving record. The worse your record is, the closer you are to license suspension. Further, with each traffic violation, you reset the clock used to erase old offenses from your record.
2. Avoid a License Suspension: Many traffic offenses can result in a license suspension in Rhode Island. Even if you may not be looking at a license suspension on the Summons in question, if you continue to accumulate traffic offenses, you could be facing a license suspension in the future.
3. Limited evidence: If you fight a ticket, even a civil motor vehicle offense, the officer must appear in court and show evidence to prove you committed the offense. Sometimes the police are unable to prove that you actually committed the offense that you were cited for.
4. Increase options: To pay a traffic ticket is the same as declaring guilt. If you request a hearing, however, you have more options to plead to a lesser offense or may be able to get the Summons dismissed.

What are some Common Traffic Violations in Rhode Island?

Traffic infractions in Rhode Island are civil motor vehicle offenses. If you commit a traffic infraction, you’re usually issued a Summons (ticket). Typically, you have the option to pay the fines associated with the charge or dispute the summons by attending a court hearing in either the Rhode Island Traffic Tribunal or Municipal Court. Some offenses require a mandatory hearing in court, which you must appear for.

The penalties for a traffic infraction can include fines, attending driver retraining, and a license suspension. The following are some common traffic violations in Rhode Island:

• Speeding
• Aggressive Driving
• Obedience to Devices
• School Bus Tickets
• Colin Foote Act
• Laned Roadway Violation
• Interval Between Vehicles – Following Too Close
• Operating and Driving without Insurance in Rhode Island
• Text Messaging While Driving Hands Free
• Conditions Requiring Reduced Speed – Move Over Law
• Operating with a Suspended Registration
• Operating a Motor Vehicle While Using Hand-held Wireless Communication Device

What are some serious Traffic Violations charges in Rhode Island?

In Rhode Island, some traffic violations charges are considered much more serious than others, since they pose a bigger risk to public safety. These types of traffic violations often carry harsher penalties in comparison to minor traffic offenses.

• Driving under the Influence (DUI)
• Reckless Driving
• Leaving the Scene of an Accident (Hit & Run)
• Driving with a Fake License

Can You Use a Good Driving Record to Get a Rhode Ticket Dismissed?

Under Rhode Island General Laws § 31.41.1-7, you can request a dismissal based on having a good driving record, if you do not have any violations in the previous three (3) years. You must appear at your hearing or have a lawyer appear on your behalf.

You will have to pay $60 in costs to the court (thirty-five dollar ($35.00) administrative fee for court costs associated with the dismissal and twenty-five dollar ($25.00) surcharge on all dismissals based upon a good driving record to be deposited into the Rhode Island highway maintenance account).

The following tickets are not eligible for dismissal based on a good driving record:

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

(2) A refusal to submit to a chemical test of breath, blood or urine pursuant to § 31-22-22;

(3) Any violation involving a school bus;

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

(5) Any speeding violation in excess of fourteen miles per hour (14 m.p.h.) above the posted speed limit;

(6) Any violation involving child restraints in motor vehicles pursuant to § 31-22-22;

(7) Any violation committed by a holder of a commercial license as defined in § 31-10.3-3 or any violation committed in a commercial motor vehicle as defined in § 31-10.3-3 by an operator who does not hold a commercial license.

Why do I need an attorney for a traffic violation in Rhode Island?

Ignoring or missing a court date for a traffic violation can cause short-term and long-term consequences with your license and ability to drive. Attempting to handle a traffic violation on your own can be done but a Rhode Island traffic ticket lawyer can give you legal advice and help you craft defenses with a strategy on how to best fight your traffic ticket. Without guidance, you could miss important details, deadlines or defenses that you may not be familiar with.

Whether you or a loved one has been issued a traffic ticket in Rhode Island, it is important that you work with a Rhode Island traffic offense attorney early on. Contact the attorneys at Ellison Law LLC today or call us at 401-230-5520 to see how can help.