Using the Rhode Island Good Driving Statute for a 15+ MPH Speeding Ticket

Getting a speeding ticket in Rhode Island does not automatically mean your insurance rates will skyrocket. If you are generally a safe driver, the state offers a unique legal lifeline. Under R.I. Gen. Laws § 31-41.1-7, commonly known as the Good Driving Record statute, motorists can request that an eligible moving violation be dismissed based on their prior clean history. This means no conviction on your record and no insurance premium hikes. However, while this statute is highly effective for minor infractions in Providence, Newport, or South Kingstown, utilizing it for a ticket clocked at 15+ mph over the limit is barred by statute under R.I. Gen. Laws § 31-41.1-7(d)(5) unless the charged speed is reduced through prosecution negotiations at the Rhode Island Traffic Tribunal, Cranston or local municipal courts.

Step-by-Step Process: Utilizing the Good Driving Statute in Rhode Island

Using the Good Driving Statute is not automatic. You cannot just pay the ticket and expect the court to wipe it away. You must formally invoke the statute and meet strict eligibility criteria.

Step 1: Verifying the 3-Year Clean Record Requirement

The very first hurdle is proving your eligibility. Under the law, you must not have had any moving violations (like speeding, running a red light, or stop sign violations) within the past three (3) years. This three-year clock looks back from the date you received the new ticket, not the date of your court hearing. Out-of-state drivers can also use this statute, but they must provide a certified driving record from their home state's DMV proving they have been violation-free for the required three years.

Step 2: Filing the Formal Request

To use this defense, you must appear in court or have an attorney appear for you. You will submit Form RITT-16, Rhode Island, Traffic Tribunal, Good Driving Record - Certified Copy of Driving Record to the judge or magistrate. If your ticket was issued by local town police (rather than State Troopers), you might be handling this at a local court, such as the Providence Municipal Court, Providence. The judge will review your official driving abstract to confirm your eligibility before making a ruling.

Step 3: Why Speeding 15+ Over Often Faces Magistrate Pushback

Under R.I. Gen. Laws § 31-41.1-7(d)(5), speeding in excess of fourteen miles per hour (14 m.p.h.) above the posted speed limit is a statutory bar; judges and magistrates have no legal authority to dismiss a 15+ mph violation under the Good Driving Record statute. For eligible offenses, the statute mandates that the charge shall be dismissed, but exceeding the limit by 15 mph or more removes that eligibility entirely. This is where having a lawyer is crucial. An attorney can negotiate with the police prosecutor to amend the ticket down to 14 mph or less over the limit. Once the cited speed is officially reduced, the statutory bar no longer applies, and the motorist becomes eligible for dismissal. The statutory limits of traffic tribunal authority are highlighted in cases like Link v. State, 633 A.2d 1345 (RI Supreme Court 1993), reinforcing the governing framework of the courts in traffic adjudications.

Step 4: Paying the Mandatory Court Fees for Dismissal

Many drivers mistakenly believe that a dismissal under the Good Driving Statute means they pay absolutely nothing. This is incorrect. If your request is granted, the fine for the speeding ticket is waived, and the violation is kept off your public driving record. However, Rhode Island law mandates that you still must pay statutory court costs totaling $63.25. These administrative fees must be paid on the day of your hearing to finalize the dismissal.

How Much Does it Cost in Rhode Island?

Using the Good Driving Statute involves specific financial considerations:

• Ticket Fines: If granted, the actual fine of the ticket (which could be $135 to $200+ for 15 mph over) is completely waived.
• Mandatory Court Costs: You will be required to pay mandatory statutory court costs totaling $63.25 ($35.00 court administrative fee, $25.00 Rhode Island Highway Maintenance Account surcharge, and $3.25 technology fee).
• Insurance Savings: By keeping the ticket off your record, you avoid insurance surcharges that can exceed $1,000 over a three-year period.
• Attorney Fees: Retaining a traffic lawyer to negotiate the speed down and invoke the statute generally costs a flat fee of $300 to $600.

How Long Does the Process Take?

You generally have 20 days to respond to the citation. If you plan to invoke the Good Driving Statute, do not simply mail in a check, as that counts as a guilty plea. You must request a hearing. Your court date at the Traffic Tribunal or municipal court will usually be scheduled within 30 to 45 days. The entire process is usually resolved in a single court appearance.

Frequently Asked Questions (FAQ)