Telephone Call

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1(refusal to submit to a chemical test).  The Court held that R.I.G.L. 1956 § 12-7-20 (right to a confidential phone call) does not apply to civil violations.  Further, even if it did apply, the defendant’s right to a confidential phone call was not breached.  Moreover even if the defendant did have a right to a confidential phone call and it was breached, the proper remedy would not be dismissal.  Accordingly, the Court sustained the violation against the defendant. 

Dennis DeCorpo v. State of Rhode Island, A.A. No. 10-0052 (February 22, 2011).pdf