§ 31-41.2-4. Procedure — Notice.
(a) Except as expressly provided in this chapter, all prosecutions based on evidence produced
by an automated traffic-violation-detection system shall follow the procedures established
in chapter 41.1 of this title; chapter 18 of title 8, except the provisions providing for payments to the state in §§ 8-18-4 and 8-18-6, and the rules promulgated by the chief magistrate of the traffic tribunal for the
hearing of civil traffic violations. A summons may be issued by an officer solely
based on evidence obtained by use of an automated traffic-violation-detection system.
All summons issued based on evidence obtained from an automated traffic-violation-detection
system shall be issued within twenty-eight (28) days of the violation.
(b) Notwithstanding any rule, regulation, or other provision of the general or public
laws to the contrary, no city or town shall be required to make payments to the state
in implementing any provision of this chapter until July 1, 2013, nor after July 1,
2015.
(c) It shall be sufficient to commence a prosecution based on evidence obtained from an
automated traffic-violation-detection system that a copy of the summons and supporting
documentation be mailed to the address of the registered owner kept on file by the
registry of motor vehicles pursuant to § 31-3-34. For purposes of this section, the date of issuance shall be the date of mailing.
(d) The officer issuing the summons shall certify under penalties of perjury that the
evidence obtained from the automated traffic-violation-detection system was sufficient
to demonstrate a violation of the motor vehicle code. Such certification shall be
sufficient in all prosecutions pursuant to this chapter to justify the entry of a
default judgment upon sufficient proof of actual notice in all cases where the summons
is not answered within the time period permitted.
(e) The summons shall contain all the information provided for on the uniform summons
as referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the traffic tribunal,
subject to the approval of the supreme court pursuant to § 8-6-2.
(f) In addition to the summons, the following information shall be attached to the summons:
(1) Copies of two (2) or more photographs, or microphotographs, or other recorded images
taken as proof of the violation;
(2) A signed statement by a trained law enforcement officer that, based on inspection
of recorded images, the motor vehicle was being operated in violation of § 31-13-4;
(3) A statement that recorded images are evidence of a violation of this chapter; and
(4) A statement that the person who receives a summons under this chapter may either pay
the civil penalty in accordance with the provisions of § 31-41.1-3, or elect to stand trial for the alleged violation.