Traffic Violations in Rhode Island

A traffic violation occurs due to a road user's negligence towards following laws that safeguard and regulate the use of roads. Accidents, injuries, death, and destruction of property are all plausible outcomes of traffic violations. Road users (cyclist, pedestrian, motorcyclist, motorist) who are found guilty of committing a traffic violation are liable to certain fines and punishments depending on the type of violation committed.

In Rhode Island, traffic violations can be categorized as either civil or criminal offenses. The Rhode Island traffic tribunal has jurisdiction over civil traffic violations. These types of violations are regarded as minor or low-level offenses (also known as an infraction). In the case of a civil traffic violation, an offender would only be liable to civil fine payment, mandatory attendance of a driving school, license suspension, and other sentences not involving incarceration.

On the other hand, criminal violations are categorized as misdemeanors or felony offenses. These types of violations are regarded as serious offenses due to the existence or threat of injury, death, and property damage. For criminal traffic violations, offenders can expect similar liabilities as civil offenses. However, fines are more expensive, license suspension can last longer, and sentences involving incarceration are probable.

Road users are either pulled over by a law enforcement officer and are then issued a traffic violation ticket or the ticket can be mailed to the offender. The latter is more common with speed camera violations, red light camera violations, and parking violation tickets that were not issued in person. Road users who are pulled over can also be taken into custody immediately for severe offenses such as a DUI (driving under the influence).

Regardless of how a road user receives a traffic violation ticket, it is in their best interest to address such a ticket at the state traffic tribunal or at the local municipal county/city court where it was issued.

Types of Traffic Violations in Rhode Island

As previously stated, the state of Rhode Island categorizes traffic violations based on the violation severity as being either civil or criminal offenses. Traffic violations can also be classified based on the motion of the offender’s vehicle when the traffic violation was committed. This classification is grouped as moving and non-moving violations. Nonetheless, both categories (civil and criminal, moving and non-moving) cover all types of traffic violations in Rhode Island. As a result, road users can be cited over both categories at the same time i.e a moving civil violation.

Common moving violation in Rhode Island includes:

Running a red light or stop sign
Speeding
Drunk driving
Reckless driving
Tailgating
Irregular or aggressive lane changes

By contrast, non-moving traffic violations are usually associated with improper parking and faulty vehicle equipment. In Rhode Island, non-moving violations include and are not limited to:

Parking in a no-parking zone
Parking at prohibited places. See RI Gen law section 31-21-4.
Parking too close to a fire hydrant (within 8 feet of a fire hydrant)
Parking in a handicap zone without a valid permit
Failing to provide insurance, license, or registration.
Faulty equipment such as defective or damaged head and tail lights, broken or non-functional windshield wipers, and improper muffler or excessive muffler noise.

Penalties are relatively similar across both moving and non-moving violations. However, penalties for moving violations are much more severe than non-moving violations. This is due to the potential of moving violations to result in death and irreversible bodily injury to a victim. Unlike other states, the state of Rhode Island does not use a point system to track traffic violations of offenders. However, traffic offenses are recorded on road users driving records maintained by the Rhode Island Department of Motor Vehicles (DMV). With these records, road users offenses can be tracked and repeat offenders of minor or certain major offenses can run the risk of:

Increased car insurance
Driving restrictions
Suspension, cancellation, or revocation of license and reinstatement fees
DMV and traffic court fines
Mandatory attendance of driving improvement courses

Rhode Island Traffic Violation Code

Title 31 (motor vehicle and other vehicles) of Rhode Island general laws also known as the “Motor Vehicle Code” constitutes the traffic laws of the state. These laws govern the registration and use of vehicles on state roads and highways. As well as traffic violations that should be avoided, along with penalties, fines, and obligations liable to road users that are found guilty of committing traffic violations.

Rhode Island Felony Traffic Violations

Infractions, misdemeanors, and parking violations are the main types of traffic violations road users can be cited over in Rhode Island. However, provided certain conditions and factors exist, a judge can amp a misdemeanor charge to a felony charge. These conditions include and are not limited to:

The death of an accident victim
Property damage
Prior convictions of similar misdemeanor violations

Other factors such as the offender’s criminal history, background, motive, and remorse are among the state guidelines on factors considered by a judge before passing a felony sentence. felony traffic violations usually have longer incarceration sentences (more than a year) and steeper fines (more than $1000) compared to any other type of traffic violation. Common felony traffic violation in Rhode Island includes:

Felony street racing per Justin Nunes law
Felony driving under the influence of liquor or drugs (DUI)
Leaving the scene of an accident that resulted in the death or injury of a victim.
Felony reckless driving and eluding a law enforcement officer (second conviction and subsequent convictions) per section 31-27-4.

Rhode Island Traffic Misdemeanors

In Rhode Island, misdemeanor traffic violation typically results in an offender being punished by no more than a year in jail and payment of less than $1000 in fines. Unlike other states, in Rhode Island, imprisonment sentences are served in any of the state correctional facilities per section 12-19-23. Common traffic misdemeanors in the state include:

Misdemeanor DUI (first, second, and third violation within a 10(ten) year period)
Misdemeanor street racing (first conviction)
Misdemeanor reckless driving and eluding a law enforcement officer (first conviction)
Misdemeanor driving on a suspended, revoked, or canceled license per section 31-11-18.
Refusal to submit to a chemical test (second conviction in two years).

Rhode Island Traffic Infractions

Rhode Island traffic infractions are noncriminal offenses. The state considers infractions to be a civil violation. Penalties for traffic infractions do not involve the incarceration of the offenders. Rather, offenders are liable to pay fines, community service, and compulsory attendants of driving school. As a result, compared to misdemeanor and felony offenses, penalties for infractions are not as severe. Some examples of traffic infractions road users can be cited over in Rhode Island includes:

Parking violations
Faulty vehicle equipment
Unlawful use of license
Operation of an unregistered vehicle
Operating a vehicle that has a canceled, suspended, or revoked registration per section 31-8-2
Presenting a certificate of title or evidence of registration not belonging to a vehicle as belonging to the vehicle per section 31-8-3
Illegal u-turns
Improper signaling before turning
Failing to yield right of way

Rhode Island Traffic Violation Codes and Fines

Rhode Island road users can be cited over numerous types of traffic violations. These citations may warrant payment fines, penalties, and certain obligations by the offending party. Depending on the category of the traffic violation - be it an infraction, misdemeanor, or a felony offense, fines may vary based on the severity of the offense. Of all three categories, infractions have lesser fines and penalties.

Section 31-41.1-4 of Rhode Island general law provides the schedule of violations along with fines specific to several types of violations road users can be cited over. Although total fines amounts are provided by this section, offenders may still be liable to certain obligations decided by the state traffic tribunal or municipal court.

Note that sections 31-41.1-4 provide a list of traffic violations along with their respective fines in numeral order and do not specify the violation categories.

How to Pay a Traffic Violation Ticket in Rhode Island

There are several types of traffic violation tickets that can be issued to road users in Rhode Island. These include infractions, misdemeanors, and parking tickets. The court that receives these ticket payments varies by the county, city, or town where the ticket was issued. The methods of paying for all of these types of tickets are relatively similar. By paying a traffic violation ticket, a road user enters a voluntary guilty plea and waives their rights to a trial or other hearings.

Parking tickets: The presiding municipal court of the county, city, or town where the ticket was issued receives and processes payments of parking tickets. Payments can be made by mail, online, by phone, or in person. Most courts provide payment instructions on their county’s official website that can be followed when paying parking tickets i.e providence municipal court parking ticket payments. To avoid unwanted consequences of overdue parking tickets, it is generally advisable to pay parking tickets before it's the due date.

Infraction and misdemeanor tickets: Unlike parking tickets, payment of both infractions and misdemeanors traffic tickets are handled by the Rhode Island Traffic Tribunal. However, in some cases, the presiding municipal court may also process these types of tickets payments. It is important to always refer to the ticket when trying to make payments as instructions are usually provided on the ticket along with the indication of the presiding court i.e traffic violations in the town of westerly. Similar to most municipal courts, the Tribunal provides several payment options which include online, by phone, in person, and by mail. If the traffic tribunal is the presiding court of the traffic violation ticket, the tribunal can be contacted on the court information line to make inquiries about the ticket.

Traffic Violation Lookup in Rhode Island

Anyone who has been ticketed in Rhode Island can look up traffic violations online. Rhode Island district court and Traffic Tribunal maintains an online directory of cases for this purpose.

The online directory is easily accessible through the tribune and district courts case law research website. This directory provides information on traffic tribunal appeals, the tribune panel decisions, and district court decisions. On the website, inquirers are provided three types of case indexes that their inquiry can be based on namely possession of marijuana, refusal to submit, and traffic violations. The results of any search made would include a summary of the case along with a link to view the full details case of the search subject.

Searches are made by providing certain information concerning the case/violation particularly the name of the violator. Inquirers can also opt to use the navigation bar at the right-hand side of the directory to bowser through topics of the type of traffic violation their inquiry is based on

How to Plead not Guilty to a Traffic Violation in Rhode Island

In Rhode Island, contesting a traffic violation ticket by entering a not guilty plea is a legal right that every road user has when they have been cited for a traffic violation. An individual with justifiable proof that a traffic violation charge is unwarranted can enter a not guilty plea at the presiding court of their case. These courts can either be the municipal court of the county or city where they received the ticket or the state traffic tribunal.

A ticketed Rhode Island road user would initially receive a court summon by mail. On these summonses, charges for the traffic violation the road user committed would be indicated along with the court hearing date. Depending on whether a court appearance is mandated, at the date of the hearing a not guilty plea can be entered. During the initial hearing, the prosecuting officer may be present but more likely not the law enforcement officer that issued the ticket.

When a not guilty plea is entered, either a “pre-trial conference” would be held by the court or a new trial date can be requested and issued by the court. At the pre-trial conference, the court would determine if there are circumstances to the case that can lead to adjudication of the case that day (at the arraignment). At the new trial date, the cited road user can present their case and give an account of events leading to the citation. The law enforcement officer would also be present to give their account of the citation. The judge would then determine if the individual is guilty or not.

What Happens if You Plead No Contest to a Traffic Violation in Rhode Island

“Nolo contendere” also known as a no-contest plea holds similar value as a guilty plea in Rhode Island. However, unlike a guilty plea, a no-contest plea is neither an admission of guilt nor a denial of guilt to the traffic violation the road user was cited on. Due to the implied non-admission of responsibility for the violation, convictions of a no-contest plea can not be used against the road users in civil damage suits or other civil actions to impose liabilities.

After a no-contest plea is entered to a traffic violation, the same penalties and sentences assessed for a guilty plea would be dispensed by the court. In certain cases, the sentencing may be fixed for a later date.

How Long Do Traffic Violations Stay on Your Record?

After a not guilty or non-contest plea to a traffic violation has been entered, the aftereffect sees the traffic violation entered into the violator’s driving record. According to section 31-41.1-10, the traffic violation case records can remain within the records of the presiding court or the state traffic tribunal for three years. However, offenses relating to alcohol use (DUI) can remain on record for up to five years.

Following the adjudication of the violation and provided the mandatory state or federal record-retention period has been exhausted, all records of the violation would automatically be removed from the presiding court and the state division of motor vehicle records.

Can Traffic Violations Be Expunged/Sealed in Rhode Island?

Yes, per section 31-41.1-10 traffic violations that are more than three years old are automatically expunged from records of the presiding municipal court, the state traffic tribunal, and DMV. However, cases involving alcohol use are eligible for expungement after five years.

What Happens if You Miss a Court Date for a Traffic Violation in Rhode Island?

Individuals who miss their respective court dates for a traffic violation can be found guilty of Failure to Appear (FTA) by the court presiding over their case. Common consequences of an FTA includes:

The court may order a body of attachment against the offender
A default judgment with maximum penalties may be issued by the court
The court may order the Rhode Island DMV to suspend the driving privileges of the offender
Substantial additional fines/costs may be imposed by the court
The court may make changes to the condition of the offender release when in custody by imposing bonds
The court may find the offender guilty of all charges due to the offender being guilty by absentia.