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 the recitation of the Rights for use at Scene and Rights for Use at Station cards was sufficient to afford the defendant with a reasonable opportunity to be examined by a physician of his choosing, in accordance with § 31-27-3, pursuant to State v. Langella, 650 A.2d 478, 479 (R.I. 1994). The Court held that the lack of evidence of the defendant exercising his right to be examined independently satisfies the state’s burden of proving that the defendant made the decision to forgo the exam. The Court held that there was no evidence in the record to support the defendant’s claim that he exercised his right to an independent medical examination. Accordingly, the Court affirmed the decision of the trial magistrate sustaining the violation against the defendant.