The state appealed the decision of the Appeals Panel which reversed the trial magistrate’s decision to sustain the charge against the defendant for the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The defendant argued that the state had no right to appeal because it did not qualify as a “person” under § 31-41.1-9(a). The Court held that the state falls within the definition of “person” under § 31-41.1-9(a) and, therefore, has the right to appeal a decision by a lower court based on State v. Resmini, A.A. No. 01-99 (R.I. Dist. Ct. 2003), State v. Lynch, A.A. No. 02-18 (R.I. Dist. Ct. 2003), and State v. Cunha, A.A. No. 01-07 (R.I. Dist. Ct. 2001).