Navigating traffic laws and understanding violations in Rhode Island is crucial for maintaining road safety and protecting driving privileges. Rhode Island's traffic regulations are vital in ensuring safe driving practices.
The Division of Motor Vehicles (DMV) under the Department of Revenue enforces these traffic regulations in coordination with other government units.
The DMV and law enforcement agencies issue citations, manage driver records, and investigate traffic incidents. Their efforts uphold the state's commitment to road safety and legal compliance.
Even with these regulations and enforcement, many drivers still commit violations, which can have significant consequences. These consequences impact driving privileges, insurance rates, and personal records.
Thus, responsible driving is fundamental to maintaining safety on Rhode Island's roads and reducing the risk of accidents.
What Are the Major Traffic Violations in Rhode Island?
Rhode Island traffic violations include speeding, driving under the influence (DUI), and driving with a suspended or expired license. These violations, which can be classified into three different categories (felony, misdemeanor, and infraction), appear in a driver's record.
Felony Traffic Violations in Rhode Island
Rhode Island traffic law classifies certain traffic violations as felonies with severe penalties. These offenses often result in imprisonment exceeding one year and fines over $1,000, including restitution, probation, or community service. Judges assess each case individually to determine appropriate sentences.
A felony DUI causing death leads to up to 15 years in prison. Judges impose 3 to 10 years of imprisonment for first-time offenders. Also, the state treats third-time traffic misdemeanors as felonies. Reckless driving and other violations become more serious with prior convictions.
Furthermore, negligent homicide and fleeing accident scenes constitute felonies. Vehicle collisions with criminal intent also fall under this category.
Misdemeanor Traffic Violations
The state categorizes several traffic violations as misdemeanors, carrying penalties less severe than felonies. Common offenses include:
- Indecent conduct while driving
- Driving under the influence (DUI)
- Unlawful transport of alcohol or drugs
- Driving while intoxicated (DWI)
- Refusal of chemical testing
- Careless driving
Misdemeanor penalties include up to six months' imprisonment, license suspension, and fines of up to $500.
Traffic Citations/Infractions
Traffic infractions form the majority of offenses. These violations result in fines and appear on the offender's driving record.
Common infractions are the following:
- Speeding
- Running red lights
- Parking violations
- Failure to yield
- Ignoring school bus or ambulance signals
- Driving too slowly
- Tailgating
Offenders receive tickets with fines based on the state's violation schedule. Three convictions within 12 months may lead to a court appearance, tribunal session, and license suspension or revocation.
Suspended License Violations
Driving with a suspended, revoked, or expired license is prohibited. It carries significant penalties when law enforcers catch drivers red-handed.
First-time offenders face a civil penalty of up to $150. For a second violation, the fine increases to $250. A third violation results in a fine of up to $350. The traffic tribunal handles these cases.
A fourth or subsequent violation becomes a misdemeanor, punishable by up to one year in prison, fines between $500 and $1,000, and possible license suspension of up to one year. These cases are heard in district court.
Drivers with expired licenses receive a summons to appear in the traffic tribunal and are not taken into custody without a warrant. License reinstatement within ten days voids the summon and drops the charge.
Speed Limits and Violations
The state identifies and mandates certain speed limits in specific areas.
Basic Speed Limit
Rhode Island's Basic Speed Law requires drivers to maintain a safe speed appropriate for current conditions. This law emphasizes prudent driving, taking into account various factors such as weather, road work, pedestrians, and other vehicles.
Drivers must adjust their speed when encountering potential hazards like intersections, railroad crossings, curves, hill crests, and narrow roads. The law also mandates slowing down when approaching emergency or roadside assistance vehicles.
Absolute Speed Limit
Speeding in Rhode Island is defined by specific limits. Prima facie evidence of unreasonable or imprudent driving includes:
- 50 miles per hour (mph) during the daytime in all other locations not noted below
- 45 mph during the nighttime in other locations not noted below
- 25 mph in a business or residential district
- 20 mph in a school zone within 300 feet of school grounds when the school is open, and warning signs are posted
Posted Speed Limit
The appropriate agency can adjust posted speed limits based on engineering and traffic studies. The State Traffic Commission can change prima facie speed limits as needed. Local governments are permitted to decrease speed limits in business or residential districts.
However, the Traffic Commission must approve local government speed limit changes on state highways.
Speeding Fine
Fines for speeding vary based on how much the driver exceeds the posted speed limit.
- Up to 10 mph over the limit: $95
- Over 11 mph: $205 or more plus $10 per mile over the limit
Repeat offenders within 12 months face higher fines and a possible license suspension of up to 60 days or more. The computation is per mile over the limit
- First offense: $10
- Second offense: $15
- Third and subsequent offense: $20
Driving Under the Influence (DUI) Laws
The blood alcohol content (BAC) level indicates legal intoxication or impairment. For individuals of any age, a BAC of .08% or more results in a DUI conviction. For those under 21, a BAC between .02% and .08% results in DWI conviction.
Moreover, Rhode Island law Section 31-27-2.1 establishes an "implied consent" rule for all motorists. This means that by operating a vehicle in the state, drivers automatically consent to chemical tests of their breath, blood, saliva, or urine to determine intoxication levels if suspected of driving under the influence.
Refusing these tests carries significant consequences. At a minimum, drivers face a six-month license suspension.
Additional penalties may include fines, highway safety assessments, mandatory public community service, and required participation in a driving while intoxicated course or alcohol education program. This program, costing $350, is conducted at Community College of Rhode Island (CCRI) campuses.
DUI Penalties
DUI penalties differ depending on age and prior conviction. Often, these penalties apply to adult drivers aged 21 and above.
Refusal to take a chemical test leads to a 6-12 month license suspension for a first offense, with fines and assessments totaling $900-$1200. Subsequent refusals result in longer suspensions and increased penalties, including possible prison time.
A first DUI with a BAC of 0.08% or higher can lead to up to a year in jail and variable license suspensions. Second offenses may involve ten days to a year of incarceration, up to two years of license suspension, and ignition interlock requirements.
Third offenses and beyond are felonies, with severe prison sentences, longer suspensions, and potential vehicle seizures. Serious injury from DUI results in up to ten years of imprisonment, revocation of the license, and fines between $1000 and $5000.
If DUI causes death, penalties include up to 15 years in prison, a five-year license revocation, and fines of $5000 to $10000. Repeat offenses significantly increase prison time and fines. All DUI convictions require mandatory treatment and assessments.
DWI Penalties
DWI is often used to penalize young and inexperienced drivers who are 21 years old and below. Penalties may vary by age and offense frequency.
The first violation for chemical test refusals under 18 includes a 6-month license suspension, fines of $900-$1200, DWI courses or treatment, and 10-60 hours of community service.
A second violation within five years can result in up to six months in jail, license suspension until age 21, and increased fines and community service. Third and subsequent violations can result in up to one year in jail, up to five years of license suspension, and higher fines and community service.
For a BAC of 0.02%-0.08%, offenders face longer suspensions, DWI courses, and a $150 assessment or community restitution. Those aged 18-21 face escalating fines, community service, and required DWI courses and treatment.
How Does Rhode Island's DMV Point System Work?
Rhode Island is one of the U.S. states for not using a formal point system to track driving violations. However, this doesn't mean infractions go unrecorded. Every traffic violation is meticulously documented on a driver's record.
Despite the absence of a point system, Rhode Island actively participates in the Problem Driver Pointer System (PDPS), a national database. The PDPS serves as a comprehensive repository of information about driving behaviors and violations from all states. This data analyzes and tracks problematic driving patterns across state lines.
For drivers seeking to review their violation history, a request for a full driving record is necessary. This report covers several months to years of driving history.
Insurance companies still factor in a driver's record when determining rates, even without Rhode Island's point system. Consequently, a history of violations can increase insurance premiums, which underscores the importance of safe driving practices.
What Is the Process for Handling Traffic Tickets in Rhode Island?
When Rhode Island drivers receive a traffic ticket, they have two main options.
If eligible, violators can pay for their tickets online, by mail, or in person. To avoid additional fines or sanctions, this option must be exercised at least seven days before the court hearing date.
On the other hand, drivers may choose to contest the ticket at a hearing. Some violations, particularly for repeat offenders, require mandatory court appearances.
How To Pay a Traffic Ticket?
Rhode Island offers several payment methods for traffic tickets. These are as follows:
- Online: Credit card payments can be made through the judiciary payment portal.
- In-person: Cash or credit card payments are accepted at the court.
- By mail: Checks, money orders, or certified cashier's checks can be mailed to the court listed on the summons.
Drivers should include a copy of their summons and write the complete summons number on all correspondence and payments.
How To Contest a Traffic Ticket?
Offenders who want to contest their ticket must appear in court on the date cited on their summons. The process typically involves:
- First appearance: Drivers can admit to the charge or request a full trial.
- Trial: If pleading not guilty, a trial date will be set. The state must prove the offense by clear and convincing evidence.
Out-of-state motorists must bring a certified copy of their driving record to their first appearance.
If found not guilty, the matter will be dismissed without fines or a record of violation. A guilty verdict requires offenders to pay fines, fees, costs, and/or assessments. Depending on the severity of the offense, additional sanctions may include license or registration suspension or revocation.
Good Driving Record Dismissal
Drivers with no moving violations in the past three years may request a dismissal upon payment of fees, costs, and assessments. This option requires a court appearance and is unavailable to commercial driver's license holders.
How Are Accident Reports Handled in Rhode Island?
Rhode Island's handling of accident reports involves specific steps for obtaining necessary documentation.
When and How To File an Accident Report?
Drivers must stop immediately after a collision. They should move the vehicle to the side of the road if it is operable and blocking traffic. Leaving the scene, even in minor accidents, can result in a "hit and run" charge, regardless of fault.
People at the scene must call 911 and request an ambulance if anyone is injured. To avoid worsening injuries, they can administer first aid only if qualified.
Whether or not injuries occur, vehicle owners should notify the police. This step is crucial for creating an official accident report.
Drivers should turn on hazard lights to signal that the vehicle is stationary. Then, they stay inside the vehicle until emergency personnel arrive and remain calm throughout the process.
For minor collisions, drivers or witnesses should move the vehicle to the roadside and inform the police. If parked vehicles or other property are damaged, they should leave a written notice with their name and address and report the incident to the police.
A reportable collision involves accidents causing injuries, property damage over $1,000, or hitting an unattended vehicle or domesticated animal.
Drivers must record the following information if involved in a collision:
- Exact location, such as street names, intersection details, landmarks, nearby house numbers, or mile markers
- The exact time of the collision
- Other driver's information such as name, address, license number, insurance carrier, and vehicle registration details
- Names and addresses of all witnesses and passengers in the other vehicle
- Police officer's name, if present
- Damage description to all vehicles involved
- Injury description, if any, during the collision
How To Obtain an Accident Report?
Accident reports in Rhode Island can be obtained online or via U.S. mail, with a fee required.
The state has an accredited third party called BuyCrash website where individuals can access crash reports online. Reports are available 72 hours after the incident unless under investigation or involving a fatality. Purchase reports individually or set up a subscriber account for multiple reports. Follow the website's process for either option.
An alternative option is requesting by mail. Requesters can mail a stamped, self-addressed envelope and a $15 check or money order. They should include the driver's name, accident date, and accident report number. Mail requests are processed in the order received. Requests can be mailed to the address below:
Rhode Island State Police
Accident Bureau
311 Danielson Pike
North Scituate, RI 02857
What Should Drivers Know about Traffic-Related Arrests in Rhode Island?
In Rhode Island, traffic-related arrests often occur due to impaired driving, reckless driving, and driving without a valid license or insurance. Impaired driving, particularly under the influence of alcohol or drugs, is a leading cause of these arrests.
Arrests for traffic violations, especially DUIs, can have serious repercussions. Personal consequences include potential damage to one's reputation and relationships, as well as the stress and stigma associated with being arrested.
Professionally, a DUI or other serious traffic violation can impact employment opportunities. Companies may impose disciplinary actions or terminate employment based on an arrest record.
Rhode Island's impaired driving problem is significant, with an average of about 3,000 arrests annually for DUI. In 2022, nearly 70% of those arrested refused chemical testing. Among those who complied, the average BAC was approximately 0.17%, more than twice the legal limit.
Law enforcement follows a series of steps when a driver is suspected of a traffic violation. If impairment is suspected, officers may conduct roadside investigations, including field sobriety tests.
If a driver is arrested, they are taken to a police station or processing center for booking. This process includes fingerprinting, photographing, and recording personal information. Depending on the violation, a bail hearing might be scheduled, and the driver may be required to appear in court.
Rights of Arrested Drivers
Drivers arrested retain specific rights. They have the right to remain silent and to refuse to answer questions that may incriminate them. They also have the right to an attorney who can provide legal representation and advice throughout the legal process.
If the driver is detained for a DUI, they have the right to request a second chemical test if the initial test results are disputed. Additionally, drivers should be informed of their right to a hearing to contest any administrative license suspensions.
Legal Resources and Next Steps After an Arrest
Following an arrest, drivers should seek legal counsel to navigate the legal system effectively. Rhode Island offers various resources for legal assistance.
The Rhode Island Bar Association and local legal aid organizations can provide referrals and support. After an arrest, drivers should attend all required court appearances and comply with any legal obligations, such as attending counseling or substance abuse programs if mandated.
Additionally, they should address any administrative issues related to their driver's license and follow up on potential appeals or motions to contest charges.
Drivers can consult legal experts specializing in traffic violations and DUI cases for further guidance. They can also access resources provided by local government and law enforcement agencies to better understand their rights and responsibilities.