Lamountain Law Blog

Rhode Island Hardship License

Published 01/02/2020

How will I get to work if my license gets suspended for a Rhode Island DUI or Breathalyzer Refusal? You can petition the court for a hardship license after the initial preliminary suspension and after any conviction.  To be eligible for this benefit you need to have an ignition interlock installed in your motor vehicle. An ignition...

Criminal and Non-Criminal Actions May Impact Nursing License

Published 01/01/2020

Will a Criminal Conviction Impact Your Nursing License? The impacts of a criminal conviction will reach outside of the courtroom and may affect your Nursing License. Nurses, like other professionals, are governed by a state board. In Rhode Island, The Board of Nurse Registration and Nursing Education (“The Board”) is responsible for enforcing rules and regulations...

Arrested for Breathalyzer Refusal, Now What?

Published 12/29/2019

I was arrested for a Rhode Island Breathalyzer Refusal, what will happen at my first court date? You will have a preliminary hearing before a Judge or Magistrate of the Rhode Island Traffic Tribunal. At that hearing the Judge will review the documentation submitted by the arresting police department to make a determination to preliminary suspend...

Rhode Island DUI and Breathalyzer Refusal Differences

Published 12/27/2019

What’s the difference between a DUI and Breathalyzer Refusal charge? While these two charges generally arise out of the same set of facts, they are completely separate charges.  A DUI, RI DUI Statute, is a criminal offense punishable by up to one year in jail, up to a $500 fine, substance abuse counseling or DUI school, up...

Rhode Island Traffic Offenses Can Impact Your CDL

Published 12/23/2019

Will Leaving the Scene of an Accident affect my CDL? If you are driving your personal motor vehicle and leave the scene of an accident and are convicted of that charge your CDL will be suspended for a period of 1 year. Will Traffic Offenses affect my CDL? There are numerous traffic offenses that could impact your CDL....

How Will Rhode Island DUI impact your CDL

Published 12/21/2019

Will a Rhode Island DUI Conviction affect my CDL? Federal laws control the issuance and regulations of Commercial Drivers Licenses (“CDL”).  As such they have determined that if you are convicted of a DUI in Rhode Island you will lose your CDL for a period of 1 year. A conviction, according to the Federal Regulation, is...

How Will Rhode Island Breathalyzer Refusal impact your CDL

Published 12/18/2019

Will a Rhode Island Breathalyzer Refusal affect my CDL? If you refuse a breathalyzer and have a CDL in Rhode Island, you will lose your CDL for a period of 1 year. Rhode Island is an Implied Consent State, which means that any person who operates a motor vehicle within the state is deemed to have...

Compelling Cellphone Passwords

Published 12/16/2019

Can the police force you to enter your password into your cellphone? The typical scenario would include the government having seized your cellphone but they are unable to access it because its password protected. So, the government goes to Court to seek a lawful order directing you to enter your password into your phone to unlock...

Rhode Island No Longer Requires SR-22 Insurance

Published 12/09/2019

Since July 2018  the Rhode Island DMV no longer require, and will no longer accept, SR-22 financial responsibility filings. Any motorist who currently has the SR-22 requirement will be released by the DMV.

Expungements in Rhode Island

Published 12/02/2019

Expungements in Rhode Island You’ve committed a crime over a decade ago and have stayed out of trouble and turned your life around since. However, that conviction still haunts your life through public record searches, job application notification and housing applications. Rhode Island has recently expanded who is eligible to have their criminal records expunged. You...