RI District Court and Traffic Tribunal Case Law

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City of Warwick v. Nicole Cianci A.A. No.09-202 Discovery

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Warwick Police failed to comply with the defendant’s request to produce certain documents.  The Court held that by making multiple discovery requests and filing a motion to compel, the defendant did all that was required of her under Rule 11 of the Traffic Tribunal Rules of Procedure to procure the requested material. The defendant was not required to subpoena the Warwick Police under Rule 12. Furthermore, dismissals have been warranted for less egregious behavior than ignoring a discovery order for 19 months. Therefore, the Court reversed the Appeals Panel majority and dismissed the charge against the defendant, holding that the trial magistrate’s decision constituted an abuse of discretion.

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