08/22/2013
Reasonable Grounds/Probable Cause
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 a chemical test). Defendant challenged whether the officer had reasonable grounds to request to submit to a chemical test where the defendant had stated that she was on prescription medication prior to performing field sobriety tests. The Court held that, based on the totality of the circumstances, the officer had reasonable grounds to believe that the defendant was operating a vehicle under the influence because he observed the defendant almost hit a parked vehicle while attempting to pull over, she had a strong odor of alcohol on her person, she had bloodshot watery eyes, and she stepped into traffic while almost losing her balance. Accordingly, the Court affirmed the decision of the trial judge sustaining the violation against the defendant.City of Newport v. Colleen Lawrence, C.A. No. T13-0007 (August 22, 2013).pdf