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Questions Answered by Allison Abilheira

1 Answer | Asked in Traffic Tickets for Rhode Island on

Q: Apparently my license is suspended for not paying a seatbelt violation ticket. Where would I go to pay this ticket?

Would I still need to go to the DMV to “reinstate” license? Why would they issue me a license when it came time to renew if my license was suspended?

Allison Abilheira answered on Sep 24, 2018

You will have to go to whatever court originally handled the ticket- either the Rhode Island Traffic Tribunal or the Municipal Court for the city/town who issued the ticket. Once you pay the ticket, you will then need to go to the DMV to pay the reinstatement of license fee ($151.50) to clear the... Read more »

1 Answer | Asked in Traffic Tickets for Rhode Island on

Q: I rcvd a speeding 1-10 over in RI. I have lived in RI for 18 months. My record in VA is clean. Can I qual for safe drvr?

Allison Abilheira answered on Sep 21, 2018

Yes, you would just need to provide the court with a copy of your VA driving record, so that they can confirm that you have maintained a clean record for a total of three years between RI and VA.

1 Answer | Asked in Traffic Tickets for Rhode Island on

Q: First speeding ticket, 10mph over speed limit. Could I request forgiveness under "good driving statute"?

I got my first speeding ticket (10mph over the speed limit) in RI. I had my license for a little over a year now with an absolute clean record, would it be worth going to the court pleading guilty and requesting for forgiveness? Thanks!

Allison Abilheira answered on Aug 5, 2018

You do not qualify for the good driving record, as you need to have had your license for at least three years to be able to use the good driving statute. However, a judge may allow you to do community service or simply pay Court costs for your first ticket, so that it does not go on your driving... Read more »

1 Answer | Asked in Criminal Law for Rhode Island on

Q: I was charged with position of alcohol as a minor at 17 I am now 18 what am I looking at in terms of trouble

this is also my first offense no prior's other than a speeding ticket

Allison Abilheira answered on Mar 28, 2018

The answer to this question depends upon where you are being required to go to court. If you are required to go to District Court- you have been charged with a misdemeanor. You will face a fine of one hundred fifty dollars ($150) to seven hundred fifty dollars ($750), community service, and a... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on

Q: If someone charges a person with first degree robbery but drops charges and doesn’t show to court what happens?

Allison Abilheira answered on Mar 21, 2018

A person can’t charge you with first degree robbery, it would be the state or federal government to pursue these criminal charges. Therefore, the actual person who alleged the theft occurred is likely not required to go to court unless the case is scheduled for trial and they need to testify.

1 Answer | Asked in Traffic Tickets for Rhode Island on

Q: I received a speeding ticket in RI my first violation and I paid it in full before my designated court hearing.

Does this mean I forfeit the right to dispute a Good driving record? I misunderstood how the summons read.

Allison Abilheira answered on Mar 17, 2018

Yes, unfortunately you did. You will need to file a motion to vacate the guilty plea. You will be given a hearing date and on that date you can explain and ask to use the good driving record.

1 Answer | Asked in Domestic Violence for Rhode Island on

Q: I have an arrest warrant for a simple domestic that isn't true but I am already on personal recoginance

My girlfriend even told the cops that no assault occurred

Allison Abilheira answered on Feb 5, 2018

The police can still charge you with a domestic violence crime even without the “victim” being on board, if they believe there is enough evidence. You should contact an attorney to coordinate your surrender and arraignment, as you could be held at the ACI as a bail violator if you are already... Read more »

1 Answer | Asked in Traffic Tickets for Rhode Island on

Q: Pulled over going twenty over the speed limit. Officer marked I was only going 5 over the speed limit. First offense.

Rhode Island's Good Driving Record statute states that individuals with no traffic violations within three years can get the charge dismissed. Will my judge go off the speed that the officer marked down, or the actual speed posted which was twenty over the speed limit?

Allison Abilheira answered on Jan 26, 2018

The judge does not use the "actual/police use" speed to determine good driving eligibility, rather it goes by what the police officer actually charged you with, which in this case is 1-10 mph over.

As long as you have had your license for more than three years and have kept a clean record...
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2 Answers | Asked in Domestic Violence for Rhode Island on

Q: I had a loud discussion/fight with my wife at home.

Somebody called the police. They took me to jail. After 3 hours I paid $50 and they left me go because no one had bruises or signal of violence. They told me my wife didn't present charges but the city. Now I have to go to court with a Judge. What should I expect during this appointment. I cannot... Read more »

Allison Abilheira answered on Jan 11, 2018

You should absolutely consult with and hire a lawyer. You are being charged with a domestic violence crime. Prosecutors and judges take these crimes very seriously and the penalties can include jail time, counseling, and the no contact order with your wife.

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2 Answers | Asked in DUI / DWI for Rhode Island on

Q: What's the quickest way to drop a DUI charge in RI?

Allison Abilheira answered on Nov 23, 2017

There is no “quick” way to drop a dui. Dui’s are very technical and should be reviewed by an experienced attorney, who can evaluate your options.

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2 Answers | Asked in Criminal Law for Rhode Island on

Q: is it impossible to expunge my record in rhode island?

1 felony conviction and 1 misdemeanor conviction. the judge already denied my 2006 misdemeanor expungement under not eligible. my felony from 2003 isnt expungement ready until 2023. will i ever be able to clean my record for employment and housing reasons? I know i am a good person and I have been... Read more »

Allison Abilheira answered on Nov 10, 2017

Under the current Rhode Island expungement laws, no, you cannot expunge either of the cases. In order to expunge a felony, you must be a "first time offender" which means that you can not have another other cases that resulted in probation, a suspended sentence, etc. You must also wait the 10 year... Read more »

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