§ 31-40-2. "Habitual offenderâ€� defined.
An "habitual offender� is any person, resident or nonresident, whose record, as maintained
in the office of the division of motor vehicles, shows that the person has accumulated
the convictions, or findings of delinquency or waywardness in the case of juveniles,
for separate and distinct offenses, described in subdivisions (1), (2), and (3) of
this section, committed within a three (3) year period, provided that where more than
one included offense shall be committed within a six (6) hour period the multiple
offenses shall, on the first occasion, be treated for the purposes of this article
as one offense, provided the person charged has no record of prior offenses chargeable
under this article, and provided further that the date of the offense most recently
committed occurs within three (3) years of the date of all other offenses the conviction
for which is included in subdivision (1), (2), or (3) of this section as follows:
(1) Three (3) or more convictions, or findings of delinquency or waywardness in the case
of a juvenile, singularly or in combination, of the following separate and distinct
offenses arising out of separate acts:
(i) Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle;
(ii) Driving or operating a motor vehicle while under the influence of liquor or drugs
in violation of § 31-27-2;
(iii) Driving a motor vehicle while his or her license, permit, or privilege to drive a
motor vehicle has been suspended or revoked in violation of § 31-27-2.1 or chapter 11 of this title;
(iv) Willfully operating a motor vehicle without a license;
(v) Knowingly making any false affidavit or swearing or affirming falsely to any matter
or thing required by the motor vehicle laws or as to information required in the administration
of the laws;
(vi) Any offense punishable as a felony under the motor vehicle laws of Rhode Island or
any felony in the commission of which a motor vehicle is used;
(vii) Failure of the driver of a motor vehicle involved in an accident resulting in the
death or injury of any person to stop close to the scene of the accident and report
his or her identity in violation of § 31-26-1; or
(viii) Failure of the driver of a motor vehicle involved in an accident resulting only in
damage to an attended or unattended vehicle or other property in excess of one hundred
fifty dollars ($150) to stop close to the scene of the accident and report his or
her identity or otherwise report the accident.
(2) Six (6) or more convictions, or findings of delinquency or waywardness in the case
of a juvenile, of separate and distinct offenses, singularly or in combination, in
the operation of a motor vehicle which are required to be reported to the division
of motor vehicles and the commission of which requires the division of motor vehicles
or authorizes a court to suspend or revoke the privilege to operate motor vehicles
on the highways of this state for a period of thirty (30) days or more, and the convictions
shall include those offenses enumerated in paragraph (1)(ii) of this section when
taken with and added to those offenses described in this section.
(3) The offenses included in subdivisions (1) and (2) of this section shall be deemed
to include offenses under any valid town or city ordinance paralleling and substantially
conforming to the state statutory provisions cited in subdivisions (1) and (2) of
this section and all changes in or amendments of them, and any federal law, and law
of another state or any valid town, city, or county ordinance of another state substantially
conforming to those statutory provisions.