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Ask SpecialistMichael Your Own Question

SpecialistMichael, MS, CSCS
Category: General
Satisfied Customers: 508
Experience:  Senior Information Specialist
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i got into a accident with a toe truck in on 2/1/2011 and now

Customer Question

i got into a accident with a toe truck in on 2/1/2011 and now i recieved a notice from the ri dmv that my license and registration will be suspended because the dmv of ri claims there was no proof of insurance on file. can the suspended my license and the owner of the companys license for this?
Submitted: 4 years ago.
Category: General
Expert:  SpecialistMichael replied 4 years ago.
My name is XXXXX XXXXX I will do my best to answer the question with the information you have provided.

Rhode Island requires proof of insurance for all vehicles registered on the road. If you are caught driving in your own vehicle without, your license will be suspended. But it is illegal to drive a vehicle that is not insured either by you or the owner of the vehicle(whether individual or company).

If no proof of insurance is claimed "on file"(like in the case of a recent policy change) it would come down to the vehicle being insured or not at the time of the accident(because it is sometimes notorious for DMVs being not "instant" to update information on perhaps a policy change, but you need insurance to register the vehicle initially).
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Customer: replied 4 years ago.
now what is the ri general law chapter that allows the dmv to suspened my license
Expert:  SpecialistMichael replied 4 years ago.
After a brief research to double check the Chapter Law for RI DMV to suspend a license is listed under 31-1-7 and 31-32-2

31-32 is most applicable for the situation in your original question and is listed as follows.

31-32-2 "Proof of financial responsibility for the future" defined. – (a) "Proof of financial responsibility for the future", as used in this chapter, means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the proof, arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration under the laws of this state, in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one accident, and in the amount of twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident or seventy-five thousand dollars ($75,000) combined single limit.

(b) Wherever used in this chapter, "proof of financial responsibility" or "proof " is synonymous with the term "proof of financial responsibility for the future".

Other authority to suspend are as follows.

31-11-7 Authority of division of motor vehicles to suspend license. – (a) The division of motor vehicles is authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

(i) Has been adjudicated by a court of competent jurisdiction to have:

(A) Committed an offense for which mandatory revocation or suspension of license is required upon conviction or adjudication;

(B) Committed with such frequency of offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(C) Been a reckless or negligent driver of a motor vehicle;

(D) Permitted an unlawful or fraudulent use of a license;

(E) Committed an offense in another state which, if committed in this state, would be grounds for suspension or revocation;

(F) Committed any offense enumerated in § 31-9-1;

(ii) Is the subject of an order issued pursuant to § 14-1-67; or

(iii) Poses an imminent safety risk to the general public as determined by the application of objectively ascertainable standards

Please me know by accepting if this helps your additional question as well as if you have any additional questions I might be able to help you with.

Customer: replied 4 years ago.
ok i talked to a lawyer and he told my my case is based on finicail responeability so how do i fight to get it un suspended because i have found out the guy i was working for didnt have insurance on the tow truck i was driving
Expert:  SpecialistMichael replied 4 years ago.
Would you mind if I now transferred this question to the Law section so the experts there can assist you in the finer details of fighting the ticket specifically?

I want to make sure you get the most accurate ticket fighting strategy and this is not an area of expertise for me.