RIGL 31-27 (DUI)

Question 1

31-27-2 states (DUI/ liquor or drugs)

Answer 1

Operating a MV to a degree that rendered the person incapable of safely. Must be .08 or greater for any person. If above 18 and has a juvenile under 13 yrs old in the vehicle is an additional charge. 1st & 2nd offense w/in 5 yrs <> than .15% misdemeanor. 3rd more less than .15% w/in 5 years is a felony. 3rd more greater than .15% w/in 10 years, felony. If susp for dui and arrested for dui, felony charge.

Question 2

31-27-2.5 (DUI Test under 18 yrs old)

Answer 2

Must be .02% and jurisdiction falls under Family Court. If refusal, Family Court Also.

Question 3

DWI 31-27-2.7 states

Answer 3

Is a person under 21 but at least 18 and is .02% but less than .08% is guilty of DWI. a second and subsequent VIOLATION of the section, the person shall be fined not more than two hundred……All Misdemeanor Charges.

Question 4

31-27-4 Reckless Driving States

Answer 4

person operating a MV so that lives or safety of the public might be endangered, or attempts to elude or flee from traffic officer or police vehicle. Misdemeanor 1st offense. Felony 2nd or subsequent offense.

Question 5

31-27-4.1 Eluding LEO w/ high speed pursuit

Answer 5

Speeds greater than 15 mph above speed limit or causes property damage in excess of $1000. Misdemeanor 1st conviction. Felony for 2nd or subsequent CONVICTION, plus forfeit of vehicle.

Question 6

31-27-22 Street Racing (Justin Nunes Law)

Answer 6

Street Racing means the act of two (2) or more individuals (on any public street, road, highway in the state) competing or racing in a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver and one driver attempts to prevent the competing driver from passing or overtaking him or her, or one or more individuals competing in a race against time 1st offense misdemeanor, 2nd CONVICTED OFFENSE or sub offense WITHIN 5 YRS. IS A felony.

Question 7

31-27-2, When does a breath test result report given to the suspect?

Answer 7

A true copy, Either at the location of the test or mailed within 72 hrs of taking the test.

Question 8

31-27-2, When does the blood, urine, saliva or other bodily fluids result have to be report to the the suspect?

Answer 8

A true test copy of the results must be mailed within 30 days of taking the test.

Question 9

What are the fines 31-27-2.1. Refusal to submit to chemical test.

Answer 9

1st offense civil (RITT), 2nd VIOLATION within 5 yrs is misdemeanor, 3rd/subsequent VIOLATION within 5 yrs is misdemeanor

Question 10

31-27-1. Driving so as to endanger, resulting in death; and resulted in serious personal injury? 31-27-1.1

Answer 10

Anywhere When the death of any person ensues as a proximate result of an injury received by the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22 (Street Racing). Serious personal injury the same except causes SBI.

Question 11

31-27-1.2. Driving so as to endanger, resulting in physical injury.

Answer 11

Anywhere When the physical injury of any person ensues as a proximate result of the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22 (Street Racing)

Question 12

31-27-2.2. Driving under the influence of liquor or drugs, resulting in death; fines?

Answer 12

1st offense “Every person CONVICTED of a first violation shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years”. 2nd offense, “Every person CONVICTED of a second or subsequent violation within a five (5) year period in this state or any other state….

Question 13

31-27-2.1. Refusal to submit to chemical test…..Statutory reasons for allowable refusal reasons are?

Answer 13

If a person, for religious or medical reasons, cannot be subjected to blood tests, the person may file an affidavit with the division of motor vehicles stating the reasons why he or she cannot be required to take blood tests and a notation to this effect shall be made on his or her license. THIS IS ONLY FOR BLOOD TEST, can require breath/saliva or urine.

Question 14

31-27-2.6. Driving under the influence of liquor or drugs, resulting in serious bodily injury.

Answer 14

1st offense felony, 2nd or subsequent CONVICTION within 5 yrs. is a felony.

Question 15

31-27-17. Permitting juvenile to operate an unregistered motorcycle

Answer 15

Any person eighteen (18) years of age or older who shall knowingly permit a person under the age of eighteen (18) years to operate a motorcycle as defined in § 31-3-1(h) when either the person under the age of eighteen (18) years of age is not licensed in accordance with the provisions of chapter 10.1 of this title, or where the motorcycle is not registered. FINE $500

Question 16

31-27-19. Operating a motor vehicle on a bicycle lane, trail or path.

Answer 16

except as provided in § 31-15-17, no person shall operate any motor vehicle on a bicycle lane, trail or path, as defined in § 31-1-23(a)

Question 17

31-27-24. Multiple moving offenses

Answer 17

Every person convicted of moving violations on four (4) separate and distinct occasions within an eighteen (18) month period may be fined up to one thousand dollars ($1,000)….(OTHER FINES)… “MOVING VIOLATIONS” are (1) 31-13-4. Obedience to devices.

(2) 31-14-1. Reasonable and prudent speeds.

(3) 31-14-2. Prima facie limits.

(4) 31-14-3. Conditions requiring reduced speeds.

(5) 31-15-5. Overtaking on the right.

(6) 31-15-11. Laned roadways.

(7) 31-15-12. Interval between vehicles.

(8) 31-15-16. Use of emergency break-down lane for travel.

(9) 31-17-4. Vehicle entering stop or yield intersection.

(10) 31-20-9. Obedience to stop signs.

(11) 31-27.1-3. “Aggressive driving” defined.

Question 18

31-27-25. Ticket quotas prohibited

Answer 18

No state or municipal agency engaged in the enforcement of any motor vehicle traffic or parking laws of this state, or any local ordinance governing motor vehicle traffic or parking, may establish or maintain any policy, formally or informally, requiring any officer to meet a quota. BUT data can be used; concerning arrests or investigative stops made, or summonses or citations issued, and their disposition in the evaluation of an officer’s work performance, provided such data is not the exclusive means of evaluating such performance.