Questions Answered by Allison Abilheira

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

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Sep 24, 2018
Allison Abilheira's answer
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 suspension.

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?

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Sep 21, 2018
Allison Abilheira's answer
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.

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

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Aug 5, 2018
Allison Abilheira's answer
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 record or insurance. You will need to go to court to do this. Do not pay the ticket by mail.

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

1 Answer | Asked in Criminal Law for Rhode Island on
Answered on Mar 28, 2018
Allison Abilheira's answer
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 license suspension of up to sixty (60) days. However, if you are required to go to Municipal Court- you have been charged with a civil violation of a City or Town ordinance. Normally this punishment...

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

1 Answer | Asked in Criminal Law and Federal Crimes for Rhode Island on
Answered on Mar 21, 2018
Allison Abilheira's answer
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.

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

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Mar 17, 2018
Allison Abilheira's answer
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.

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

1 Answer | Asked in Domestic Violence for Rhode Island on
Answered on Feb 5, 2018
Allison Abilheira's answer
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 on PR in another case.

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

1 Answer | Asked in Traffic Tickets for Rhode Island on
Answered on Jan 26, 2018
Allison Abilheira's answer
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 for the last three years, you will be able to have it dismissed under the good driving statute. You will only be responsible for paying court costs, which are $60.00.

You will need to appear in...

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

2 Answers | Asked in Domestic Violence for Rhode Island on
Answered on Jan 11, 2018
Allison Abilheira's answer
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.

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

2 Answers | Asked in DUI / DWI for Rhode Island on
Answered on Nov 23, 2017
Allison Abilheira's answer
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.

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

2 Answers | Asked in Criminal Law for Rhode Island on
Answered on Nov 10, 2017
Allison Abilheira's answer
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 period. There are some exceptions though, such as deferred sentences. To expunge a misdemeanor, you must not have another felony convictions and must have been convicted of less than six...

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