Appeals Panel
09/17/2009
City of Warwick v. Robert Iannotti, C.A. No. T09-0086 Summons
Summons
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the summons was sufficiently clear to inform the defendant of the charge against him despite the officer’s failure to correctly identify the defendant’s vehicle on the summons or have it notarized. Because this did not constitute prejudicial error, the Court affirmed the decision of the trial court sustaining the charge against the defendant.
City of Warwick v. Robert Iannotti, C.A. No. T09-0086 (September 17, 2009).pdf
Appeals Panel
09/17/2009
City of Warwick v. Robert Iannotti, C.A. No. T09-0086 Sworn Report
Sworn Report
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Following Link v. State, 633 A.2d 1345, 1348 (R.I. 1993), the Court held that the role of the officer’s sworn report ended with the preliminary suspension of the defendant’s license. Therefore, the misidentification of the defendant’s vehicle on the sworn report was inconsequential at trail for the refusal to submit charge. Thus, the Court affirmed the decision of the trial court sustaining the charge against the defendant.
City of Warwick v. Robert Iannotti, C.A. No. T09-0086 (September 17, 2009).pdf