Update to Good Driving Statute

31-41.1-7. Application for dismissal based on good driving record

(a) Any person who has had a motor vehicle operator’s license for more than three (3) years and who has been issued a traffic violation within the preceding three (3) years may request a hearing seeking a dismissal of the violations based upon the operator’s good driving record.

(b) Upon submission of proper proof that the operator has not been issued any other traffic violation within the past three (3) years, the charge shall, except for good cause shown or otherwise provided by law, be dismissed upon a good driving record, provided that the operator pay a thirty-five dollar ($35.00) administrative fee for court costs associated with the dismissal. Additionally, beginning July 1, 2014, there shall be imposed a 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.

(c) The traffic tribunal may not dismiss a charge pursuant to this section after six (6) months from the date of disposition. For purposes of this section, a parking ticket shall not constitute a prior violation.

(d) The following violations shall not be dismissed pursuant to this statue.

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

(2) A refusal to submit to chemical test breath, blood or urine pursuant to section 31-27-2.1;

(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 mph) above the posted speed limit;

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

(7) Any violation committed by a holder of a commercial license as defined in section 31-10.3-3 or any violation in a commercial motor vehicle as defined in section 31-10-.3-3 by an operator who does           not hold a commercial license.

(e) If the charge is dismissed pursuant to this section, records of the dismissal shall be maintained for a period of three (3) years. 

(f) The judge or magistrate shall have the discretion to waive court costs and fees when dismissing a violations to this section, with the exception of the mandatory thirty-five dollars ($35.00) administrative fee and the twenty-five dollar ($25.00) surcharge provided for in section 31-41.0-7(b).