§ 31-41.1-7 - Application for dismissal based on good driving record.
SECTION 31-41.1-7
§ 31-41.1-7 Application for dismissalbased on good driving record. – (a) Any person who has had a motor vehicle operator's license for more thanthree (3) years, and who has been issued traffic violations which are his orher first violations within the preceding three (3) years, may request ahearing seeking a dismissal of the violations based upon the operator's gooddriving record.
(b) Upon submission of proper proof that the operator has notbeen issued any other traffic violation within the past three (3) years, thecharge shall, except for good cause shown or as otherwise provided by law, bedismissed based upon a good driving record; provided, that the operator pay athirty-five dollar ($35.00) administrative fee for court costs associated withthe dismissal.
(c) The traffic tribunal may not dismiss a charge pursuant tothis section after six (6) months from the date of disposition. For purposes ofthis section, a parking ticket shall not constitute a prior violation.
(d) The following violations shall not be dismissed pursuantto this statute:
(1) Any violation within the original jurisdiction ofsuperior or district court;
(2) A refusal to submit to a chemical test of breath, bloodor urine pursuant to § 31-27-2.1;
(3) Any violation involving a school bus;
(4) Any violation involving an accident where there has beenproperty damage or personal injury;
(5) Any speeding violation in excess of fourteen miles perhour (14 m.p.h.) above the posted speed limit;
(6) Any violation involving child restraints in motorvehicles pursuant to § 31-22-22;
(7) Any violation committed by a holder of a commerciallicense as defined in § 31-10.3-3 or any violation committed in acommercial motor vehicle as defined in § 31-10.3-3 by an operator who doesnot hold a commercial license.
(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 towaive court costs and fees when dismissing a violation pursuant to thissection, with the exception of the mandatory thirty-five dollars ($35.00)administrative fee provided for in § 31-41.1-7(b).