Traffic and Motor Vehicle Related

401-274-3331

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986 Hartford Avenue
Johnston, RI 02919

RHODE ISLAND DRIVING TO ENDANGER DEATH / INJURY RESULTING DEFENSE LAWYER – BENJAMIN A. MESITI, ESQ.

WHAT IS DRIVING TO ENDANGER?

Driving to Endanger is the act of operating a motor vehicle that results in injury or death of another person. The Justin Nunes’ Law extends these statutes to include criminal penalties for street racing, regardless of any injury resulting.

WILL I LOSE MY LICENSE FOR DRIVING TO ENDANGER?

There is a loss of license for a period up to 5 years for driving to endanger, death resulting. For cases that involve serious bodily injury,

 

your license may be suspended for up to 3 years, and for other injuries the loss of license is up to 1 year. First offense (misdemeanor) loss for street racing is 3 months, up to 6 months; second offense (felony) loss is 6 months to 2 years, and third offense (felony) is 1 year to 5 years. If you have a passenger in your vehicle while street racing, there are certain minimum sanctions as well.

WILL I GO TO JAIL FOR DRIVING TO ENDANGER?

Driving to endanger, death resulting is a felony and carries a maximum penalty of 10 years in jail. Serious injury resulting is a felony and carries a maximum penalty of 5 years in jail. Injury resulting is a felony and carries a maximum penalty of 3 years in jail.

Justin Nunes’ Law provides that anyone engaged in street racing shall be guilty of a misdemeanor on a first offense, which shall be punishable by up to one year in jail. Subsequent offenses are felonies. Second offense is punishable by up to 3 years in jail and third offense is punishable by up to 5 years in jail; All with other sanctions such as fines and community service. If you have a passenger in your vehicle while street racing there are other minimum sanctions that also apply.

At Mesiti Law we fight hard to get you the best result for your reckless/eluding case, and we have been successful in avoiding loss of license and jail time. Do not wait to call us for your free consultation.

IF YOU’VE BEEN CHARGED WITH RECKLESS DRIVING OR ELUDING POLICE, CALL MESITI LAW AT (401) 274-3331. WE ARE AVAILABLE 24 HOURS A DAY!

TITLE 31

Motor and Other vehicles
CHAPTER 31-27
Motor Vehicle Offenses

SECTION 31-27-1

   

§ 31-27-1  Driving so as to endanger, resulting in death. – (a) 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, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting in death".

   

(b) Any person charged with the commission of this offense shall upon conviction be imprisoned for not more than ten (10) years and have his or her license to operate a motor vehicle suspended for no more than five (5) years.

History of Section.
(P.L. 1950, ch. 2595, art. 24, § 1; P.L. 1950 (s. s.), ch. 2639, § 3; G.L. 1956, § 31-27-1; P.L. 1978, ch. 208, § 2; P.L. 2007, ch. 121, § 2; P.L. 2007, ch. 193, § 2.)

TITLE 31

Motor and Other vehicles
CHAPTER 31-27
Motor Vehicle Offenses

SECTION 31-27-1.1

   

§ 31-27-1.1  Driving so as to endanger, resulting in personal injury. – (a) When the serious bodily 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, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting in serious bodily injury".

   

(b) "Serious bodily injury" means physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

   

(c) Any person charged with a violation of this section shall upon conviction be imprisoned for not more than five (5) years and have his or her license to operate a motor vehicle suspended for no more than three (3) years.

History of Section.
(P.L. 1983, ch. 184, § 1; P.L. 2007, ch. 121, § 2; P.L. 2007, ch. 193, § 2.)

TITLE 31

Motor and Other vehicles
CHAPTER 31-27
Motor Vehicle Offenses

SECTION 31-27-1.2

   

§ 31-27-1.2  Driving so as to endanger, resulting in physical injury. – (a) 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, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting in physical injury".

   

(b) Any person charged with a violation of this section shall upon conviction be imprisoned for not more than two (2) years and have his or her license to operate a motor vehicle be suspended for no more than one year.

History of Section.
(P.L. 2007, ch. 121, § 1; P.L. 2007, ch. 193, § 1.)

TITLE 31

Motor and Other vehicles
CHAPTER 31-27
Motor Vehicle Offenses

SECTION 31-27-22

   

§ 31-27-22  Street racing – Justin Nunes' Law. – This act shall be known and may be cited as "Justin Nunes' Law".

(a) For the purpose of this section, "street racing" means the act of two (2) or more individuals 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.

   

(b) It shall be unlawful to engage in street racing on any public road, street or highway of this state, whether or not there is a formal agreement to race.

   

(1) Every person convicted of a first violation of this section shall be guilty of a misdemeanor and be subject to imprisonment for not more than one year, a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and be required to perform ten (10) to sixty (60) hours of public community restitution. The person's license to operate a motor vehicle shall be suspended for a period of not less than ninety (90) days nor more than six (6) months.

   

(2) Every person convicted of a second violation within a five (5) year period, shall be guilty of a felony and be subject to imprisonment for not more than two (2) years, a fine of not less than one thousand dollars ($1,000) and be required to perform sixty (60) to one hundred (100) hours of public community restitution. The person's license to operate a motor vehicle shall be suspended for no less than six (6) months nor more than two (2) years.

   

(3) Every person convicted of a third (3rd) or subsequent violation within a five (5) year period, shall be guilty of a felony and be subject to imprisonment for not more than five (5) years, a fine of two thousand five hundred dollars ($2,500) and required to perform not less than one hundred (100) hours of public community restitution. The person's license to operate a motor vehicle shall be suspended for no less than one year nor more than five (5) years.

   

(c) Any person found in violation of subsection 31-27-22(b) while having one or more passengers in their motor vehicle shall be subject to imprisonment of not more than five (5) years, and a fine of not more than five thousand dollars ($5,000) and be required to perform no more than one hundred (100) hours of public community restitution. The person's license to operate a motor vehicle shall be suspended for no less than one year. This enhanced sentence is to be served in addition and consecutively to the sentence provided for the underlying offense.

   

(d) If a person is found in violation of subsection 31-27-22(b) and the vehicle used in the violation is registered to that person or where the registrant permits the use of the vehicle, the vehicle may be impounded at the registered owner's expense for not less than one day or more than thirty (30) days.

History of Section.
(P.L. 2007, ch. 121, § 1; P.L. 2007, ch. 193, § 1.)

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