Sworn Report

Defendant appealed the decision of the Appeals Panel reversing the trial court’s dismissal of the charged violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Pursuant to Link v. State, 633 A.2d 1345, 1348 (R.I. 1993), the District Court held that testimony regarding an officer’s sworn report may correct a defect in that report or the absence of the report from the evidence. Here, there was no evidence that the arresting officer ever produced a sworn report. Consequently, an element of the violation was not proven.  Accordingly, the District Court reversed the decision of the Appeals Panel and dismissed the charge against the defendant.

Matthew Cohen v. RITT, A.A. No. 09-84 (November 19, 2009).pdf