District Court
08/29/2008
Mark Lewis v. RITT, A.A. 08-64 Procedure
Procedure
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the trial magistrate’s denial of the defendant’s motion for a continuance in order to prepare for the officer’s testimony regarding the defendant’s alleged marijuana possession constituted harmless error, because the trial magistrate was not influenced by the marijuana evidence in deciding to sustain the charge. Accordingly, the Court affirmed the decision of the Appeals Panel.
Mark Lewis v. RITT, A.A. No. 08-64 (August 29, 2008).pdf
District Court
08/29/2008
Mark Lewis v. RITT, A.A. No. 08-64-Reasonable Suspicion to Stop
Reasonable Suspicion to Stop
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that where the defendant was speeding and crossed over the double yellow line three times, there was reasonable suspicion to stop. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violation against the defendant.
Mark Lewis v. RITT, A.A. No. 08-64 (August 29, 2008).pdf
District Court
08/29/2008
Mark Lewis v. RITT, A.A. No.08-64-Reasonable Grounds/ Probable Cause
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that where the defendant had bloodshot and watery eyes, emitted an odor of alcohol on his breath, fumbled when producing paperwork, swayed when exiting the vehicle, and failed field sobriety tests, the officer had reasonable grounds to believe that the defendant had operated a vehicle under the influence. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violation against the defendant.
Mark Lewis v. RITT, A.A. No. 08-64 (August 29, 2008).pdf
District Court
08/29/2008
Mark Lewis v. RITT, A.A. No. 08-64-Opportunity to make a Phone Call
Telephone Call
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the officer’s reading of the Rights for Use at Scene and Station were sufficient to inform the defendant of his right to make a phone call for the purpose of obtaining bail money. Defendant chose not to make a phone call and was denied bail solely upon his inability to post the cash required for his release. Accordingly, the Court affirmed the decision of the Appeals Panel.
Mark Lewis v. RITT, A.A. No. 08-64 (August 29, 2008).pdf
District Court
08/29/2008
Mark Lewis v. RITT, A.A. No.08-64- Right to Independent Medical Examination
Right to an Independent Medical Examination
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the officer’s reading of the Rights for Use at Scene and Station were sufficient to inform the defendant of his right to an independent medical examination. Here, the defendant chose not to make a phone call and presented no evidence that he requested an independent medical examination. Accordingly, the Court affirmed the decision of the Appeals Panel.
Mark Lewis v. RITT, A.A. No. 08-64 (August 29, 2008).pdf
District Court
08/29/2008
Mark Lewis v. RITT, A.A. No. 08-64-Preliminary Breath Test
Preliminary Breath Test
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the results of the defendant’s preliminary breath test were used solely for the purpose of establishing probable cause and were not prejudicial to the finder of fact. Accordingly, the Court affirmed the decision of the Appeals Panel.
Mark Lewis v. RITT, A.A. No. 08-64 (August 29, 2008).pdf