District Court
08/24/2006
State of Rhode Island v. Michael Netro, A.A. No. 06-25- Identification
Identifying the Defendant
Defendant appealed the decision of the Appeals Panel reversing the trial magistrate’s decision to dismiss the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and § 31-17-5 (entering a private road or driveway). Defendant argued that he was not properly identified in court and the reversal by the Appeals Panel was unwarranted. The District Court held that the trial magistrate’s decision was clearly erroneous because in his testimony the defendant identified himself as the person taken to the police station on the night in question and the arresting officer identified the defendant in court as the driver of the vehicle. Accordingly, the Court affirmed the decision of the Appeals Panel and remanded the case back to the trial magistrate.
State of Rhode Island v. Michael Netro, A.A. No. 06-25 (August 24, 2006).pdf
District Court
08/24/2006
State of Rhode Island v. Michael Netro, A.A. No. 06-25- Credibility Determinations
Credibility Determinations
Defendant appealed the decision of the Appeals Panel reversing the trial court’s decision to dismiss the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and §31-17-5 (entering a private road or driveway). Defendant argued that all of the elements of R.I.G.L. 1956 §31-27-2.1 must be proven by clear and convincing evidence and that the state failed to meet its burden. The District Court held that there was sufficient evidence in the record showing that the officer had asked the defendant to submit to a chemical test. Further, the fact that the officer wrote “refused to sign” on the Rights for Use at Station form and the defendant admitted on the record that he did not take the chemical test was sufficient evidence that the defendant refused to submit to a chemical test. Accordingly, the District Court affirmed the Appeals Panel’s decision and remanded the case back to the trial magistrate.
State of Rhode Island v. Michael Netro, A.A. No. 06-25 (August 24, 2006).pdf
District Court
08/24/2006
State of Rhode Island v. Michael Netro, A.A. No. 06-25-Reasonable Grounds/Probable Cause
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the Appeals Panel reversing the trial magistrate’s decision to dismiss the violations of a R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and R.I.G.L. 1956 § 31-17-5 (entering a private road or driveway). The Court held that probable cause to arrest is determined by the totality of the circumstances pursuant to State v. Castro, 891 A.2d 848, 853 (R.I. 2006). Here, the District Court held that the officer had probable cause to arrest because the defendant had bloodshot and watery eyes, slurred speech, emitted an odor of alcohol from his breath, and failed two field sobriety tests. Accordingly, the Court affirmed the decision of the Appeals Panel and remanded the case back to the trial magistrate.
State of Rhode Island v. Michael Netro, A.A. No. 06-25 (August 24, 2006).pdf
District Court
08/24/2006
State of Rhode Island v. Michael Netro, A.A. No.06-25 – Reasonable Suspicion to Stop
Reasonable Suspicion to Stop
Defendant appealed the decision of the Appeals Panel reversing the trial court’s decision to dismiss the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and R.I.G.L. 1956 § 31-17-5 (entering a private road or driveway). The Court held that a police officer’s decision to stop a vehicle is reasonable where the officer has probable cause to believe that a traffic violation has occurred. Here, court held that the officer made a lawful stop because he witnessed the defendant driving erratically and almost collided with a police vehicle. Accordingly, the District Court affirmed the decision of the Appeals Panel and remanded the case back to the trial magistrate.
State of Rhode Island v. Michael Netro, A.A. No. 06-25 (August 24, 2006).pdf