RI District Court and Traffic Tribunal Case Law

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Town of Bristol v. Richard Dion, C.A. No. T10-0089 Procedure

Defendant appealed the decision of the trial judge imposing sanctions for the violation of R.I.G.L. 1956 § 31-27.2.1 (refusal to submit to a chemical test) subsequent to the decision of the Appeals Panel to remand for further proceedings. Following the decision of the Appeals Panel remanding the case, but before the trial judge imposed sanctions, the defendant appealed the decision of the Appeals Panel to the District Court. While awaiting review by the District Court, the trial judge imposed sanctions pursuant to the Appeals Panel’s order. The defendant argued that the trial judge lacked jurisdiction to impose sanctions because the case had already been appealed to the District Court. The Court held that the defendant’s appeal to the District Court was premature because its decision to remand the case for further proceedings was not a final order. Therefore, the order of the trial judge imposing sanctions was not in excess of his jurisdiction. Accordingly, the Court sustained the violation against the defendant.

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