Procedure

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).  Defendant claimed that the violation should have been dismissed because he was not arraigned within two weeks after the date the citation was issued as prescribed by Rule 33 of the Rules of Procedure of the Traffic Tribunal.  The Court held that a transgression of Rule 33 did not require dismissal absent a showing of prejudice.  Here, the defendant failed to show that he had suffered prejudice as a result of not being arraigned within the two week time period.   Accordingly, the Court sustained the violation against the defendant.

Kenneth Ribeiro v. State of Rhode Island, A.A. 11-0167 (April 12, 2012).pdf