RI District Court and Traffic Tribunal Case Law

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Town of Portsmouth v. Deborah Casey, C.A. No. T08-0130 (December 10, 2008)

Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Following the trial, but prior to the oral argument on appeal, the Defendant and the solicitor entered into an agreement whereby the Defendant would enter a plea in the District Court to the pending criminal violation and accept one-month license suspension in return for a dismissal of the chemical refusal charge pursuant to Rule 27(a) of the Rules of Procedure for the Traffic Tribunal. On appeal to the Panel, the Defendant attempted to enforce that agreement. The Panel, however, held that while it will accept a dismissal prior to or during a trial, it will not accept a dismissal following a trial and entry of judgment. Accordingly, the court would not allow the dismissal and sustained the charge.

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