Rights for Use at the Scene

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test).  The Court held that the officer had reasonable suspicion to stop the defendant because the defendant was spinning his tires and thus violating R.I.G.L. 1956 § 31-16-1.  The Court also found that giving the “Rights for Use At the Scene” is not an element of § 31-27-2.1.  Thus, the officer reading the “Rights for Use at the Station” and “Right for Use At the Scene” at the police station satisfied the elements of a refusal charge.  Therefore, the Court affirmed the decision of the Appeals Panel sustaining the defendant’s conviction.

Adam Bussey v. State of Rhode Island, A.A. No. 11-0116 (December 20, 2011).pdf