Dismissal

The State appealed the trial magistrate’s dismissal of the charged violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test) based upon a dismissal recommendation filed by the Coventry solicitor pursuant to Rule 27(a) of the Rules of Procedure of the Traffic Tribunal. The State argued that because R.I.G.L. 1956 § 42-9-4 vests only the Attorney General with the authority to prosecute refusal cases, he or she is the only official with the authority to dismiss refusal cases. The Panel held that the trial magistrate did not improperly dismiss the charged violation because Rule 27(a) expressly provides that the attorney for a municipality may dismiss a summons and because the rules of the Traffic Tribunal supersede any conflicting statutory regulation. Accordingly, the Panel upheld the trial magistrate’s decision to dismiss the charged violation.

State of Rhode Island v. Kyle Losek, C.A. T08-0043 (May 28, 2008).pdf