Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and R.I.G.L. 1956 § 31-15-3 (passing of vehicles proceeding in opposite directions). Defendant argued that he was advised of incorrect penalties for his refusal to submit to a chemical test. The Court held that the issue was resolved in Such v. State, 950A.2d 1150 (R.I. 2008) and simply refers the reader to that case. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.