RI District Court and Traffic Tribunal Case Law

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Marcus Thomas v. RITT, A.A. No. 09-66- Inability to “Cure” a Refusal by Subsequently Submitting

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that there was no statutory mechanism in Rhode Island allowing a defendant to cure an initial decision to refuse a chemical test. Further, as of the time of the hearing, there was no controlling precedent from the R.I. Supreme Court on the issue.  Additionally, the Court declined to fashion such a curative measure when the General Assembly had yet to take on the issue. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.

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