District Court
12/03/2008
Michael Jeff v. State of Rhode Island, A.A. No. 08-65 Rights for Use at Station
Rights for Use at the Scene
Defendant appealed the decision of the Appeals Panel sustaining 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 § 31-15-3 (passing of vehicles proceeding in opposite directions). Defendant argued that he was advised of incorrect penalties for his refusal to submit to a chemical test. The Court held that the issue was resolved in Such v. State, 950A.2d 1150 (R.I. 2008) and simply refers the reader to that case. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.Michael Jeff v. State of Rhode Island, A.A. No. 08-65 (December 3, 2008).pdf
District Court
12/03/2008
Michael Jeff v. State of Rhode Island, A.A. No. 08-65 Reasonable Suspicion
Reasonable Suspicion to Stop
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test) and § 31-15-3 (passing of vehicles proceeding in opposite directions). The Court held that where the defendant came to a screeching halt in an intersection and then cross over the double yellow line, there was reasonable suspicion to stop the vehicle. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.Michael Jeff v. State of Rhode Island, A.A. No. 08-65 (December 3, 2008).pdf
District Court
12/03/2008
Michael Jeff v. State of Rhode Island, A.A. No. 08-65- Credibility
Credibility Determinations
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test) and § 31-15-3 (passing of vehicles proceeding in opposite directions). The defendant argued that he was not intoxicated and his medication caused him to appear to be intoxicated. Furthermore, the bartender where the defendant had been drinking on the night in question corroborated that he was not intoxicated. However, the Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.
Michael Jeff v. State of Rhode Island, A.A. No. 08-65 (December 3, 2008).pdf
District Court
12/03/2008
Michael Jeff v. State of Rhode Island, A.A. No. 08-65- Reasonable grounds/ Probable Cause
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test) and § 31-15-3 (passing of vehicles proceeding in opposite directions). The Court held that the officer had probable cause to arrest because the defendant came to a screeching halt and then crossed over the double yellow lines, emitted an odor of alcohol from his breath, had slurred speech, had an open beer can in his vehicle, and failed the field sobriety tests. Accordingly, the Court affirmed the decision sustaining the violations against the defendant.
Michael Jeff v. State of Rhode Island, A.A. No. 08-65 (December 3, 2008).pdf