Rule 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.