RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Bryan E. Menge, No. T15-0036 (July 27, 2016)

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (“refusal to submit to chemical test”). Defendant argued that the officer did not have probable cause required by § 31-27-2.1 to arrest the defendant for operating a motor vehicle under the influence of alcohol. In State v. Perry, 731 A.2d 720 (R.I. 2000), the court held that the arresting officer was authorized to request that the defendant submit to a chemical test even though the officer did not witness the defendant operate his vehicle under the influence of alcohol, holding that the arresting officer only needed reasonable grounds to believe that the defendant had operated the vehicle. Id. Defendant in this case admitted that he had visited various bars and pulled over into the parking lot because “he had too much to drink.” Accordingly, the decision of the trial court finding reasonable grounds was affirmed.

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