RI District Court and Traffic Tribunal Case Law

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Brian Priest v. State of Rhode Island, A.A. No. 07-107 (February 11, 2008)

Brian Priest v. State of Rhode Island, A.A. No. 07-107 (February 11, 2008).pdf
District Court
02/11/2008
Brian Priest v. State of Rhode Island, A.A. No. 07-107 27(a)

Dismissal

Defendant appealed the decision of the Appeals Panel reversing the decision of the trial court which dismissed the charge of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that Rule 27(a) of the Rhode Island Traffic Tribunal Rules does not apply to a town solicitor making a recommendation for dismissal. Therefore, the refusal charge should not be dismissed in this case based on Rule 27(a). Accordingly, the Court affirmed the decision of the Appeals Panel and remanded the case for new trial.Brian Priest v. State of Rhode Island, A.A. No. 07-107 (February 11, 2008).pdf

District Court
02/11/2008
Brian Priest v. State of Rhode Island, A.A. No. 07-107 Sworn Report

Sworn Report

Defendant appealed the decision of the Appeals Panel reversing the decision of the trial court, which dismissed the charge of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the officer’s sworn report pertains only to the preliminary suspension of the driver’s license and not to the hearing on the merits. Therefore, the failure to file the arresting officer’s sworn report is not grounds for dismissal. Accordingly, the Court affirmed the decision of the Appeals Panel and remanded the case for a new trial. Brian Priest v. State of Rhode Island, A.A. No. 07-107 (February 11, 2008).pdf