Coercion by Officer

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-21 (refusal to submit to a chemical test). The Court held that even if the officer had said to the defendant “You don’t want to take the test do you?”, that statement does not rise to the level of coercion. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against defendant.

James Hovey v. RITT, A.A. No. 09-61 (November 17, 2009).pdf