06/05/2008
Missing or Incomplete Transcript
The state appealed the decision of the Appeals Panel reversing the decision of the trial court which sustained the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that where a technological malfunction caused a substantial portion of the trial record to be unavailable and where the Court was unable to conduct a meaningful review of the matter, the proper remedy was to remand the matter for a new trial. Accordingly, the Court vacated the order of the Appeals Panel dismissing the charge against the defendant and remanded the matter for new trial.State of Rhode Island v. Geoge Schoof, A.A. No. 08-15 (June 5, 2008).pdf