Dismissal

The State appealed the trial judge’s decision to dismiss the charged violation of R.I.G.L. § 31-27-2.1 (refusal to submit to chemical test) based upon a dismissal recommendation filed by the police prosecutor for the City of Pawtucket pursuant to Rule 27(a). The State argued that because R.I.G.L. 1956 § 42-9-4 vests the Attorney General with the sole authority to prosecute violations of the refusal statute, the Attorney General has the sole authority to dismiss refusal charges. The Panel held that because rules adopted by the Traffic Tribunal and approved by the Supreme Court supersede any statutory regulations in conflict, Rule 27(a), which provides that “the prosecution officer or attorney for the state or municipality may dismiss a summons,” prevails against R.I.G.L. 1956 § 42-9-4. Accordingly, the Panel upheld the trial judge’s decision to dismiss the charged violation.

State of Rhode Island v. Patrick Emery, C.A. T08-0076 (July 9, 2008).pdf