Good Driving Statute

The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). Prior to trial the Defendant sought dismissal of the violation pursuant to R.I.G.L. 1956 § 31-41.1-7, the “good driving statute,” which entitles a Defendant to a dismissal if the Defendant has not received a traffic violation within the previous three years. The Defendant argued that the trial judge’s decision was clearly erroneous where he refused to dismiss the violation due to the Defendant’s “non-moving” inspection sticker violation within the previous three years. The Panel concluded that the phrase “traffic offenses” in the good driving statute included only moving violations, holding that the good driving statute does not reach non-moving motor vehicle violations. Accordingly, the Panel reversed the trial judge’s decision and dismissed the charged violation after applying the good driving statute.

Town of Cumberland v. Freddie Rodriguez, C.A. M08-0016 (October 22, 2008).pdf