Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Appeals Panel held that, although the state failed to account for the breath test cards indicating that the defendant produced a deficient sample, this was not grounds for dismissal. The Court held that the failure to produce the cards did not cause inordinate delay, expense or frustration, and was not part of a pattern of continuous noncompliance with discovery orders. Therefore, the trial judge did not abuse his discretion by not dismissing the charge. Accordingly, the Court affirmed the decision of the trial magistrate sustaining the violation against the defendant.