Due Process

Defendant appeals the decision of the trial court denying defendant’s Motion for an Ability to Pay Hearing filed pursuant to Rule 5(b) of the Rhode Island Traffic Tribunal Rules of Procedure. Defendant argued that the suspension of his license based upon his non-payment of fines that he was not able to pay violated his right to equal protection and due process. The trial court denied the motion, finding that the discretionary relief provided under Rule 20, which allows a motorist to seek relief from a judgment or order “in the interest of justice,” created an adequate avenue for recourse. The Appeals Panel agreed with the trial court that the newly amended Rule 5(b) did not retroactively apply to a defendant whose license was suspended prior to the RI Supreme Court amending the rule. The Appeals Panel held that the trial court’s decision did not violate due process and equal protection because Rule 20 provided the defendant a different avenue to request relief from a license suspension because of an inability to pay. The Appeals Panel did not find that the difference between relief as a matter of right and relief as a matter of discretion rose to the level of constitutional significance. Accordingly, the trial court’s decision was affirmed. 

State of Rhode Island v. Reynaldo Rodriguez, No. T16-0027 (July 11, 2017).pdf