CHAPTER 446
2000-H 7381A am
Enacted 7/19/2000


A  N     A   C   T

RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCATION OF LICENSES

Introduced By:   Representative Kilmartin Date Introduced:   February 3, 2000

It is enacted by the General Assembly as follows:

SECTION 1. Section 31-11-18 of the General Laws in Chapter 31-11 entitled "Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows:

31-11-18. Driving after denial, suspension, or revocation of license. -- (a) Any person who drives a motor vehicle on any highway of this state who never applied for a license, or who drives after his or her application for a license has been refused, or after his or her license has expired or who otherwise drives without a license, or at a time when his or her license to operate is suspended, revoked, or cancelled, for reasons other than those provided for in section 31-11-18.1, shall be guilty of a misdemeanor.

(b) The registry of motor vehicles upon receiving a record of the conviction of any person upon a charge of driving a motor vehicle while the license of the person was suspended, shall suspend the person's license for an additional three (3) months. Upon receiving a record of second violation, the registry of motor vehicles shall suspend the license for an additional six (6) months. Any subsequent conviction shall result in license revocation. Upon receiving a record of conviction of any person upon a charge of driving after his or her application for a license has been refused, or upon a charge of driving by one who never applied for a license or who otherwise drives without a license or after his or her license has expired or has been revoked or cancelled, the registry of motor vehicles shall not issue a new license for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license.

(c) Upon a first conviction under this section, a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) shall be imposed, and imprisonment for a term not to exceed thirty (30) days may be imposed. For the second and any subsequent conviction, a fine of not less than three hundred fifty dollars ($350) nor more than one thousand dollars ($1,000) may be imposed and an imprisonment for up to one year may be imposed. The imposition of fines may be in addition to the suspension of license that may be imposed by the court.

(d) Notwithstanding the provisions of subsection (a), any person driving after his or her license has expired shall be issued a summons to appear in district court not less than ten (10) days thereafter, and shall not be taken into custody based solely on this charge. Any person who shall cause his or her expired license to be reinstated by the registry of motor vehicles within ten (10) days after issuance of the summons may present proof of reinstatement at the headquarters of the charging police department. Presentation of proof of reinstatement within ten (10) days after the issuance of the summons shall cause the summons to be voided and shall otherwise constitute a complete defense to the charge of driving after expiration of license and a bar to prosecution for that charge. Any summons or records relating to the summons shall be expunged pursuant to the provisions of title 12 of chapter 1.3. For the purposes of this subdivision, each of the several state police barracks shall be considered as a separate police headquarters.

SECTION 2. This act shall take effect upon passage.


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