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I received a $500 citation for 31-20-12 "Stopping for School Bus..."

Pawtucket, RI |

I received a $500 citation for RIGL 31-20-12 "Stopping for School Bus..." I wasn't driving the car at the time. The citation was based on photo record, which looks pretty damning, and an affidavit. I have a couple of questions about this:

1. I can prove I wasn't driving, what happens to the person who was driving? (I know who it was.)
2. The affidavit includes a date error in the "sworn to and subscribed" statement, which indicates that it was sworn to about two weeks before the event. Does this invalidate it and would the authorities simply reissue recite me with a corrected affidavit? (Not sure whether that might constitute double-jeopardy or not.)
3. If the charge will likely stand and we (i.e., me and the driver) appear on the court date, will the court be likely to reduce the fee

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Attorney answers 1

Posted

You should speak with a local attorney in order to work out the best possible resolution for this situation. You may be required to sign an affadavit that you weren't operating the vehicle at the time, you will certainly want an attorney to review their paperwork and act as a liason with the court . Feel free to give my office a call for help in resolving this matter. 401 454 7700

Avvo answers are not substitutes for the educated opinion of a lawyer who knows the facts of your particular case and should not be relied upon as such. James J Bagley Whaley, Bowie and Bagley LLC Providence, RI 401 454 7700 jbagley@wbblegal.com