Arrest

Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L. 1956 § 31-15-11 (laned roadways) and R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test).  The Appeals Panel held that the trial judge’s factual findings regarding appellant’s time and manner of arrest were supported by credible and competent evidence because an officer read the appellate his rights for use at the scene in an ambulance, and the judge found he was then placed into custody at that time.  Accordingly, the Court sustained the violation against the defendant.

Town of Middletown v. Joshua Kolator, C.A. No. T12-0070 (January 11, 2013).pdf

Arrest

Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L. 1956 § 31-15-11 (laned roadways) and R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test).  The Appeals Panel held that the trial judge’s factual findings regarding the defendant’s time and manner of arrest were supported by credible and competent evidence, because the defendant had been placed under arrest at the time the officer read the defendant his rights for use at the scene in the ambulance.  Accordingly, the Court sustained the violation againsnt the defendant. 

Town of Middletown v. Joshua Kolator, C.A. No. T12-0070 (January 11, 2013).pdf