Right to Appeal

Defendant appealed the trial magistrate’s denial of his motion to dismiss the charge of violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that it may not review a case in which a final judgment of the trial court has not been rendered. The matter was not ripe for review because the defendant appealed the denial of the magistrate’s motion before a final judgment has been entered. Therefore, the Court dismissed the defendant’s appeal. However, since the parties had stipulated to all the essential elements of § 31-27-2.1 the Court sustained the charge against defendant.

City of Providence v. James Herard, C.A. No. T09-0006 (May 14, 2009).pdf