RI District Court and Traffic Tribunal Case Law

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Town of North Kingstown v. Joan DiOrio, C.A. No. T12-0078 (August 22, 2013) Reasonable Grounds/Probable Cause

Defendant appealed the decision of the trial judge sustaining the violations of  R.I.G.L. 1956 §§ 31-27-2.1 (refusal to submit to a chemical test) and 31-15-11 (laned roadway).  Defendant argued the Officer did not have probable cause to arrest.  The Panel explained that when asking a suspect to submit to a chemical test, an Officer needs reasonable grounds to suspect the operator is under the influence and, if the operator refuses, an Officer may charge her with refusal.  The Panel held that because the Officer observed that the Defendant drifted back and forth between lanes, had difficulty maintaining her balance when exiting the vehicle, had bloodshot, watery eyes, and admitted to drinking alcohol, the Officer had reasonable grounds to ask the Defendant to submit to a chemical test.  Accordingly, the Panel sustained the charged violations.

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