Rhode Island General Laws 42-17.10-5. Failure to answer or appear
In the event the person charged with a violation does not pay the fine administratively in accordance with the provisions of § 42-17.10-3, then he or she shall have waived his or her right to dispose of the violation without personal appearance, and the person charged with the violation must then appear before the traffic tribunal on the date specified on the summons. If the person charged with the violation shall fail to appear on the specified date, a judge or magistrate may enter default judgment, and after hearing any evidence presented, determine whether the charges have been established. If the charges are not established, an order dismissing the charges shall be entered. If a determination is made that a charge has been established, an appropriate order shall be entered in the records of the traffic tribunal.
History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.
Terms Used In Rhode Island General Laws 42-17.10-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- magistrate: may be construed to mean a justice, or a clerk acting as a justice, of a district court. See Rhode Island General Laws 43-3-16
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Summons: Another word for subpoena used by the criminal justice system.