(a)  Every hearing for the adjudication of a violation, as provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal. The burden of proof shall be upon the state, and no charge may be established except by clear and convincing evidence. A verbatim recording shall be made of all proceedings. The chief judge may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.

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Terms Used In Rhode Island General Laws 42-17.10-6

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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

(b)  After due consideration of the evidence and arguments, the judge or magistrate shall determine whether the charges have been established, and appropriate findings of fact shall be made on the record. 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 or if an answer admitting the charge has been received, an appropriate order shall be entered in the records of the traffic tribunal.

(c)  An order entered after the receipt of an answer admitting the charge or where a determination is made that the charge has been established shall be civil in nature, and shall be treated as an adjudication that a violation has been committed. A judge or magistrate may include in the order the imposition of any penalty authorized by any provisions of this chapter for the violation, except that no penalty for it shall include imprisonment.

(d)  A hearing fee of twenty-five dollars ($25.00) shall be assessed by the traffic tribunal against each person pleading guilty to or found guilty of the violation. Any person charged with a violation who pays the fine administratively pursuant to § 42-17.10-3 shall not be subject to any hearing fee or additional costs or assessments.

(e)  Any party aggrieved by a judgment or order of the traffic tribunal entered pursuant to the provisions of this chapter may seek further review pursuant to § 31-41.1-8 and § 31-41.1-9.

History of Section.
P.L. 2007, ch. 253, § 1; P.L. 2007, ch. 294, § 1.