District Court
09/05/2012
Dennis Lonardo v. State of Rhode Island, A.A. No. 12-47 Reasonable Suspicion to Stop
Reasonable Suspicion to Stop
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.3 (refusal to submit to a preliminary breath test). The Court held that under the totality of the circumstances the initial traffic stop of the defendant was lawful because the officer (who had a history of over sixty arrests for suspected D.U.I) witnessed the defendant enter into his vehicle and drive away after the officer observed the defendant sway from side to side and stumble while walking. Accordingly, the Court sustained the violation against the defendant.
Dennis Lonardo v. State of Rhode Island, A.A. No. 12-47 (September 5, 2012).pdf
District Court
09/05/2012
Dennis Lonardo v. State of Rhode Island, A.A. No.12-47 Preliminary Breath Test
Preliminary Breath Test
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.3 (refusal to submit to a preliminary breath test). The Court held that the officer had reasoanble grounds to request the defendant to submit to a preliminary breath test because the defendant had bloodshot and watery eyes, admitted he had consumed alcohol, and showed signs of impairment on the field sobriety tests. Accordingly, the Court sustained the violation against the defendant.
Dennis Lonardo v. State of Rhode Island, A.A. No. 12-47 (September 5, 2012).pdf