RI District Court and Traffic Tribunal Case Law

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Town of West Warwick v. Dennis DeCorpo, C.A. No. T09-0074 Procedure

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). Following the “raise or waive” rule, the Court held that because the defendant did not raise the issue of delay concerning the rendering of the judge’s decision at trial, the issue was waived and could not be heard on appeal. Furthermore, the defendant’s attorney agreed to receive the decision on the date it was rendered and the delay falls under the ambit of harmless error. Therefore, this case presents no exception to the “raise or waive” rule. Additionally, Rules 18 and 25 of the Traffic Tribunal Rules of Procedure allow the trial judge to enlarge the period within which a decision is rendered. Therefore, the Court affirmed the trial judge’s decision sustaining the charge against the defendant.

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