§ 31-41.1-6 - Hearings.
SECTION 31-41.1-6
§ 31-41.1-6 Hearings. – (a) Every hearing for the adjudication of a traffic violation, as provided bythis chapter, shall be held before a judge or magistrate of the traffictribunal or a judge of the municipal court, where provided by law. The burdenof proof shall be upon the state, city, or town and no charge may beestablished except by clear and convincing evidence. A verbatim recording shallbe made of all proceedings. The chief magistrate of the traffic tribunal mayprescribe, by rule or regulation, the procedures for the conduct of thehearings and for pre-hearing discovery.
(b) After due consideration of the evidence and arguments,the judge or magistrate shall determine whether the charges have beenestablished, and appropriate findings of fact shall be made on the record. Ifthe charges are not established, an order dismissing the charges shall beentered. If a determination is made that a charge has been established or if ananswer admitting the charge has been received, an appropriate order shall beentered in the records of the traffic tribunal.
(c) An order entered after the receipt of an answer admittingthe charge or where a determination is made that the charge has beenestablished shall be civil in nature, and shall be treated as an adjudicationthat a violation has been committed. A judge or magistrate may include in theorder the imposition of any penalty authorized by any provisions of this titlefor the violation, including, but not limited to, license suspension and/or inthe case of a motorist under the age of twenty (20), community service, exceptthat no penalty for it shall include imprisonment. A judge or magistrate mayorder the suspension or revocation of a license or of a registration in thename of the defendant in accordance with any provisions of this title whichauthorize the suspension or revocation of a license or of a registration, ormay order the suspension of the license and the registration of the defendantfor the willful failure to pay a fine previously imposed. In addition, afternotice and opportunity to be heard, a judge or magistrate may order thesuspension of the registration of the vehicle with which the violation wascommitted, if the defendant has willfully failed to pay a fine previouslyimposed.
(d) A judge or magistrate may, as authorized by law, order amotorist to attend a rehabilitative driving course operated under thejurisdiction of a college or university accredited by the state of RhodeIsland, or the trained personnel of the department of revenue. An order toattend a course may also include a provision to pay reasonable tuition for thecourse to the institution in an amount not to exceed twenty-five dollars($25.00). The order shall contain findings of fact. Failure to comply with anorder of attendance may, after notice and hearing, result in the suspension orrevocation of a person's license or registration.
(e) Unless a judge or magistrate shall determine that asubstantial traffic safety hazard would result from it, he or she shall,pursuant to the regulations of the traffic tribunal, delay for a period ofthirty (30) days the effective date of any suspension or revocation of adriver's license or vehicle registration imposed pursuant to this chapter.However, the regulations may provide for the immediate surrender of any item tobe suspended or revoked and the issuance of appropriate temporary documentationto be used during the thirty (30) day period. Any order for immediate surrenderof a driver's license or vehicle registration shall contain a statement ofreasons for it.