RI District Court and Traffic Tribunal Case Law

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Matthew Cohen v. RITT, A.A. No. 09-84 Sworn Report

Defendant appealed the decision of the Appeals Panel reversing the trial court’s dismissal of the charged violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Pursuant to Link v. State, 633 A.2d 1345, 1348 (R.I. 1993), the District Court held that testimony regarding an officer’s sworn report may correct a defect in that report or the absence of the report from the evidence. Here, there was no evidence that the arresting officer ever produced a sworn report. Consequently, an element of the violation was not proven.  Accordingly, the District Court reversed the decision of the Appeals Panel and dismissed the charge against the defendant.

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