#IS MY LICENSE SUSPENDED RI TRIAL#
#IS MY LICENSE SUSPENDED RI PLUS#

The severity of the criminal penalty depends on your blood alcohol concentration (BAC).

For example, an administrative judge can dismiss your DWI, but you will still have to appear in court to face criminal charges. You must deal with both types of suspensions separately in the state of Rhode Island.

#IS MY LICENSE SUSPENDED RI TRIAL#

This occurs when you are sentenced by a court after a trial or plea agreement. You can also undergo judicial suspension, from the criminal court. The RI DMV imposes penalties in this case, but you can request a hearing to challenge your administrative suspension. When you are arrested for a DWI in Rhode Island, your license can be suspended in two different ways.Īn Administrative Suspension happens automatically if you fail a breath test, or refuse to take one. If you have been arrested and need a competent and experienced RI criminal defense attorney to immediately take your case on and defend you, contact Rhode Island DUI Attorney Kevin O.Information on Rhode Island’s DWI and Ignition Interlock Laws If you have been charged with a Rhode Island DUI or DWI, Attorney Hagan will draw on his many years of Rhode Island criminal law experience to help counsel you through every stage of the Rhode Island criminal process and work tirelessly to try to achieve the best possible outcome for you. Attorney Hagan's extensive experience as a Newport County Prosecutor, Rhode Island Special Assistant Attorney General, and as a private criminal defense attorney have provided him with the skills necessary to successfully litigate criminal cases at the trial level. Therefore, it is recommended that those charged with this offense seek legal counsel in order to understand their rights pursuant to these statutes.įor the past 19 years, Attorney Kevin Hagan has been successfully defending clients in all types of criminal cases throughout Rhode Island and Massachusetts. While generally considered a low level misdemeanor, those incurring multiple offenses have recently been adjudicated more severely based upon publicity on the issue of unlicensed drivers.

Also, Rhode Island’s statute governing the operation of a motor vehicle on a suspended foreign driver’s license fails to provide a penalty, and therefore it is an invalid statute. If the Registry of Motor Vehicle does not have a notice on file or if there is a major defect in the notice (wrong address etc.), the prosecutor will not be able to prove the OSL charge.Īs one can imagine, the burden of proof becomes more difficult, as a practical matter, for the prosecutor to meet when the license is a foreign or out of state license. Also, it may be possible to defeat an OSL charge if the prosecutor cannot prove that the Defendant received notice that their license was suspended. The prosecutor must prove that the police had reasonable suspicion to stop the Defendant’s vehicle. Another defense would be that there was no “reasonable suspicion” for the police to stop the Defendant’s vehicle. Two defenses would be that the person was not actually driving or that the person actually had a valid license. There are at least four common defenses for an OSL charge. If the Defendant appears at sentencing without a license, the court may grant another extension if the Defendant has made a good faith effort and there is hope that they can in fact, obtain a license. If the Defendant does appear in court at sentencing with a valid license, the plea will be withdrawn and the case dismissed and the Defendant will only have to pay court costs of $94.50. If the Defendant agrees to plead nolo contendere to the charge, the case will usually be continued for six weeks for sentencing with the understanding that a $250 fine will be imposed if the Defendant does not obtain a valid license before that date. Usually, a Defendant charged with a first offense will generally be given the opportunity to avoid the statutory sanctions if they can get their license reinstated, or if they were operating without a license, a chance to obtain a valid license.

#IS MY LICENSE SUSPENDED RI PLUS#

Also, the court must impose court costs of $94.50 plus 15% of the amount of any fine exceeding $200. For a second conviction, the court must impose a fine of at least $350 and the Registry of Motor Vehicles must impose an additional six month suspension. For a first conviction, the court must impose a fine of at least $250 and the Registry of Motor Vehicles must impose an additional three month suspension. The first two convictions are misdemeanor offenses, while a third conviction is a felony. Rhode Island General Laws Section 31-11-18 governs the charge of operating on a suspended license (OSL).

Is my license suspended ri