RI District Court and Traffic Tribunal Case Law

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Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 Constitutional Issues

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Court held that where the trial magistrate stated to the prosecution that the Rights for Use at Scene and Station cards had not yet been introduced into evidence, there was no due process violation. The magistrate did not attempt to establish proof to support the position of the prosecution, and, therefore, did not violate the defendant’s right to a trial before a neutral and detached fact-finder. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.

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