RI · rules
R.I. Traffic Trib. R. P. 26
Termination of Prosecution or Dismissal
(a) By Prosecuting
Officer or Attorney for State, Agency, or Municipality. The prosecuting officer
or the attorney for the state, agency, or municipality may terminate the prosecution
of a summons, however, a summons that charges a motorist under G.L. 1956 § 31-
27-2.1 alone, or any count of a summons that charges a motorist under G.L. 1956 §
31-27-2.1 may be terminated in accordance with G.L. 1956 § 42-9-4 only after notice
to the attorney for the state. The termination shall be in writing, either on the
customary judgment form or on a separate writing. It shall be dated and signed; the
name of the person terminating the prosecution shall be printed legibly beneath the
signature. A termination pursuant to this rule may not be filed during the trial without
the consent of the defendant.
(b) By the Court. If a defendant is subjected to unreasonable and prejudicial
delay in bringing a summons to trial, a motion to dismiss may be heard and granted
if it is found to be meritorious. The court on its own initiative may dismiss the
summons in the interests of justice.
(c) Dismissal Following Trial. No summons shall be terminated pursuant to
subsection (a) of this rule following the adjudication of a violation of the law.
Provenance
- Source
- courts.ri.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
bf47471e84556a52b17dd1fa5beaba146657d5e4bb5e7055cec515c80be60b12
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