Lincoln, RI asked in Traffic Tickets for Rhode Island

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?

Related Topics:
1 Lawyer Answer
Allison Abilheira
Allison Abilheira
  • Traffic Tickets Lawyer
  • Warren, RI
  • Licensed in Rhode Island

A: 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 court on the date listed on your ticket. Also, if you have an out of state license, you will need to get a certified or attested copy of your driving record from your licensing state and will need to bring it to court with you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.