§ 31-41.1-6. Hearings.
(a) Every hearing for the adjudication of a traffic violation, as provided by this chapter,
shall be held before a judge or magistrate of the traffic tribunal or a judge of the
municipal court, where provided by law. The burden of proof shall be upon the state,
city, or town and no charge may be established except by clear and convincing evidence.
A verbatim recording shall be made of all proceedings. The chief magistrate of the
traffic tribunal may prescribe, by rule or regulation, the procedures for the conduct
of the hearings and for pre-hearing discovery.
(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 title for the violation, including, but not limited to, license suspension,
and/or in the case of a motorist under the age of twenty (20), community service,
except that no penalty for it shall include imprisonment. A judge or magistrate may
order the suspension or revocation of a license or of a registration in the name of
the defendant in accordance with any provisions of this title that authorize the suspension
or revocation of a license or of a registration, or may order the suspension of the
license and the registration of the defendant for the willful failure to pay a fine
previously imposed. In addition, after notice and opportunity to be heard, a judge
or magistrate may order the suspension of the registration of the vehicle with which
the violation was committed, if the defendant has willfully failed to pay a fine previously
imposed.
(d) A judge or magistrate may, as authorized by law, order a motorist to attend a rehabilitative
driving course operated under the jurisdiction of a college or university accredited
by the state of Rhode Island, or the trained personnel of the department of revenue.
An order to attend a course may also include a provision to pay reasonable tuition
for the course in an amount not to exceed the fee established by the college or university
accredited by the state of Rhode Island or the department of revenue for driver retraining.
The order shall contain findings of fact. Failure to comply with an order of attendance
may, after notice and hearing, result in the suspension or revocation of a person's
license or registration.
(e) Unless a judge or magistrate determines that a substantial traffic safety hazard would
result from it, he or she may delay for a period not to exceed thirty (30) days the
effective date of any suspension or revocation of a driver's license or vehicle registration
imposed pursuant to this chapter. However, the regulations may provide for the immediate
surrender of any item to be suspended or revoked and the issuance of appropriate temporary
documentation to be used during the thirty-day (30) period. Any order for immediate
surrender of a driver's license or vehicle registration shall contain a statement
of reasons for it.