Defendant appealed a decision of the Appeals Panel sustaining a violation of G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant claimed that a North Kingstown police officer performed an extra-territorial stop, which was not permissible at the time of the stop (prior to a 2016 amendment of General Laws § 12-7-19) . At trial, Defendant attempted to introduce a map into evidence to show that an extra-territorial stop took place, but the trial judge refused to review the map. Upon reaching the District Court, the case was remanded to allow Defendant to fully litigate the territorial jurisdiction issue. On remand, the trial judge allowed Defendant to admit one map into evidence, but refused to admit a second map on authentication grounds. Defendant offered no testimony as to where on the map the stop allegedly took place. The trial judge found that the map admitted into evidence was unreliable, showing only “where people from the South County Tourism Council believe boundaries to be,” and that it did not, without supporting testimony, “provide [the trial court] with information as it relates specifically to the facts of this case.” Accordingly, the trial judge relied upon the police officer’s testimony as to the location of the stop. The District Court held that the trial judge properly relied upon the officer’s testimony because Defendant failed to “present testimony identifying where, on the map, the violation occurred.” Accordingly, the District Court affirmed the decision of the Appeals Panel.
James Harrington v. State of Rhode Island, A.A. No. 19-32 (September 9, 2019)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions