Reasonable Grounds/Probable Cause

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.2 (“refusal to submit to chemical test”). Defendant argued that the trial court erred in its finding that the officer had reasonable grounds to believe that the appellant was operating his vehicle while under the influence of alcohol. In State v. Jenkins, 673 A.2d 1094 (R.I. 1996), the court held that the officer must have a reasonable suspicion that the driver was operating his vehicle while under the influence of alcohol in order for the driver to be required to submit to a chemical test. Defendant was pulled over for crossing a fog line. Upon stopping the vehicle, the officer smelled alcohol emanating from the defendant, the defendant admitted to having three beers, the defendant’s eyes were bloodshot and watery, and the defendant has slurred and mumbled speech. The Appeals Panel held that these facts, in combination, satisfied the reasonable suspicion requirement. Accordingly, the trial court’s decision was affirmed.

State of Rhode Island v. James Harrington, No. T15-0040 (August 30, 2016).pdf