Appeals Panel
04/27/2011
Town of Smithfield v. Stephen Beauregard, C.A. No. T11-0014 Telephone Call
Telephone Call
The state appealed the decision of the trial judge dismissing the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) in favor of the defendant. The Court held that the trial judge erred when he dismissed the violation because the defendant suffered no prejudice by the officer’s presence when he attempted to contact his lawyer. Since the defendant was not able to reach his attorney and the defendant only offered a myriad of hypothetical situations relying on “vague, speculative, or conclusory allegations[,]” he failed “[t]o establish actual prejudice[.]” The state’s appeal was granted and the matter was remanded for further proceedings. See Commonwealth v. Scher, 803 A.2d 1204, 1238 (P.A. 2002) (citing, United States v. Crouch, 84 F.3d 1497, 1515 (5th Cir. 1996)).
Town of Smithfield v. Stephen Beauregard, C.A. No. T11-0014 (April 27, 2011).pdf
Appeals Panel
04/27/2011
Town of Smithfield v. Stephen Beauregard, C.A. No. T11-0014 Right to an Independant Medical Examination
Right to an Independent Medical Examination
The state appealed the decision of the trial judge dismissing the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant claimed that he was denied his right to an independent medical exam because he was not released from the police station until after his arraignment the following morning. The Court held that it was the duty of the defendant to invoke his right to an examination. The Court held that the defendant was not denied his right to an exam because there was no evidence on record that the defendant ever made his desire to receive an independent medical examination known to the police while he was in custody. Accordingly, the Court reversed the decision of the trial judge dismissing the violation and remanded the case for further proceedings.Town of Smithfield v. Stephen Beauregard, C.A. No. T11-0014 (April 27, 2011).pdf