RI District Court and Traffic Tribunal Case Law

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City of Newport v. Regent Nicholas, C.A. No. T09-0120 Penalties

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test). The Court held that the plain and clear language of R.I.G.L. § 31-27-2.1 permits the trial judge to impose a penalty of a ten month license suspension. Since the sentence imposed is within the statutory requirements the sentence does not constitute an abuse of discretion. Accordingly, the violation was sustained.

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