RI District Court and Traffic Tribunal Case Law

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City of Warwick v. Leslie Haley, C.A. No. 09-0040 PBT

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that § 31-27-2.1 specifically concerns subsequent chemical tests and only becomes operative once a driver has been placed under arrest. Thus, the fact that the defendant agreed to submit to a preliminary breath test at the scene, does not preclude her from being charged with a violation of § 31-27-2.1 for refusing to submit to a subsequent chemical test at the station. Therefore, the Court affirmed the trial court’s decision to sustain the charge against the defendant.

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