Rhode Island Criminal Defense Lawyer S. Joshua Macktaz, Esq.Schedule a Free Consultation
As a Rhode Island speeding ticket lawyer for 30 years, I have handled every single traffic violation in the state, multiple times.
If you have received a Rhode Island speeding ticket or traffic citation for one of the many traffic offenses under Rhode Island traffic law, it is important to hire a law firm with the experience, knowledge, and skills to defend you in traffic court (or municipal court) in order to avoid potentially harsh penalties.
All RI speeding ticket attorneys are NOT the same, and the results in traffic court violations vary greatly depending on your lawyer’s effectiveness or ineffectiveness. Getting a speeding ticket or other Rhode Island traffic violation is never fun, but hiring the right traffic violation lawyer to represent you will make the court process much easier.
There are numerous Rhode Island traffic offenses that you must be aware of as a licensed driver, but a speeding violation is certainly the most common traffic offense charged by law enforcement.
As an experienced and aggressive Rhode Island traffic violation lawyer I will give you the best chance at avoiding a traffic fine, and a driver’s license suspension, at the Rhode Island Traffic Tribunal.
§ 31-14-1 Reasonable and prudent speeds. – No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care. Violations of this section are subject to traffic fines enumerated in § 31-41.1-4.
§ 31-14-2 Prima facie limits.
(a) Where no special hazard exists that requires lower speed for compliance with § 31-14-1, the speed of any vehicle not in excess of the limits specified in this section or established as authorized in this title shall be lawful, but any speed in excess of the limits specified in this section or established as authorized in this title shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(b) Daytime means from a half-hour before sunrise to a half-hour after sunset. Nighttime means at any other hour.
(c) The prima facie speed limits set forth in this section may be altered as authorized in §§ 31-14-4 – 31-14-8.
§ 31-14-3 Conditions requiring reduced speed.
(a) The driver of every vehicle shall, consistent with the requirements of § 31-14-1, drive at an appropriate reduced speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions and in the presence of emergency vehicles displaying flashing lights as provided in § 31-24-31, tow trucks, transporter trucks, and roadside assistance vehicles displaying flashing amber lights while assisting a disabled motor vehicle. Violations of this section are subject to a traffic fine enumerated in § 31-41.1-4.
(b) When an authorized vehicle as described in subsection (a) is parked or standing within twelve feet (12′) of a roadway and is giving a warning signal by appropriate light, the driver of every other approaching vehicle shall, as soon as it is safe, and when not otherwise directed by an individual lawfully directing traffic, do one of the following:
Violations of this section are subject to traffic fines enumerated in § 31-41.1-4.
§ 31-14-5 Reduction by local authorities of speed limits at local intersections and streets within business or residence districts.
Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the prima facie speed permitted under this chapter at any intersection or local street within a business or residence district is greater than is reasonable or safe under the conditions found to exist at the intersection, or local street within business or residence districts, the local authority, subject to § 31-14-8, shall determine and declare a reasonable and safe prima facie speed limit at that place, which shall be effective at all times or during hours of daylight or darkness or at any other times that may be determined when appropriate signs giving notice of it are erected at the intersection or local street within a business or residence district or at its approaches.
§ 31-14-9 Minimum speed.
(a) No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law.
(b) Police officers are authorized to enforce this provision by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with the direction of an officer in accordance with this section, the continued slow operation by a driver shall be a civil violation and is subject to traffic fine as enumerated in § 31-41.1-4.
§ 31-14-12 Speed limits on bridges and structures.
(a) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed that is greater than the maximum speed which can be maintained with safety to the bridge or structure when the structure is signposted as provided in this section.
(b) The state traffic commission upon request from any local authority shall, or upon its own initiative may conduct an investigation of any bridge or other elevated structure constituting a part of a highway. If it shall find that the structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the commission shall determine and declare the maximum speed of vehicles which the structure can withstand, and shall cause or permit suitable signs stating the maximum speed to be erected and maintained at a distance of one hundred feet (100′) before each end of the structure.
(c) Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the commission and the existence of the signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.
(d) Violations of this section are subject to traffic fines enumerated in § 31-41.1-4.
If you have been issued a traffic citation for any of the above speed limit violations, an experienced and knowledgeable traffic violation attorney can help you avoid a costly traffic fine, insurance premium increases, and a suspended license.
In 2015, Rhode Island traffic law added what is known as the Colin B. Foote Law. Rhode Island traffic courts and municipal courts now impose harsh penalties for drivers who commit multiple moving violations in a short period of time. If you have been charged with a Colin Foote citation, you need the best Rhode Island traffic violation lawyer to help avoid these penalties. This is the Colin B. Foote Law:
(a) Every person convicted of moving violations on four (4) separate and distinct occasions within an eighteen (18) month period may be fined up to one thousand dollars ($1,000), and shall be ordered to attend sixty (60) hours of driver retraining, shall be ordered to perform sixty (60) hours of public community service, and the person’s operator license in this state may be suspended up to one year or revoked by the court for a period of up to two (2) years. Prior to the suspension or revocation of a person’s license to operate within the state, the court shall make specific findings of fact and determine if the person’s continued operation of a motor vehicle would pose a substantial traffic safety hazard.
(b) At the expiration of the time of revocation as set by the court pursuant to subsection (a) above, the person may petition that court for restoration of his or her privilege to operate a motor vehicle in this state. The license privilege shall not thereafter be reinstated until evidence satisfactory to the court, following a hearing, establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
(c) For the purposes of this section only, the term “moving violations” shall mean any violation of the following sections of the general laws:
In addition to the above criminal offenses, there are more severe, major moving violations that can result in expensive fines and an increase in jail time. They are also more likely to result in a fatal accident.
Rhode Island traffic law actually looks to give a break to motorists who have a good driving record. Under this law, if you have had no moving violations within the past 3 years, certain traffic violations including some speeding tickets, can be dismissed by the Court without penalty, and without going on your good driving record. A person is then only responsible to pay court costs. This law is available to a Rhode Island driver or an out-of-state driver. As an experienced and knowledgeable traffic ticket attorney, I am able to tell you over the phone if you are eligible to have your traffic offense dismissed under this RI traffic law. This is the Rhode Island Good Driving Law:
§ 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 traffic violations which are his or her first violations 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 as otherwise provided by law, be dismissed based 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.
(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 statute:
(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 violation pursuant to this section, with the exception of the mandatory thirty-five dollars ($35.00) administrative fee provided for in § 31-41.1-7(b).
Call S. Joshua Macktaz, Esq. today for a free consultation at