Arrest

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-2.3 (refusal to submit to preliminary breath test) and § 31-27-2.1 (refusal to submit to chemical test). The Defendant argued the Officer did not effectuate a legally valid arrest because the Officer allowed Defendant to be transported in the ambulance to the hospital without handcuffs while the Officer remained at the scene to complete his investigation.  The Panel held that the trial magistrate’s factual findings regarding appellant’s time and manner of arrest were supported by credible and competent evidence because the Officer read the appellate her “rights for use at the scene” in the ambulance, stated that she was “under arrest,” and stated that he would meet her at the hospital.  Accordingly, the Panel sustained the charged violation.

City of Providence v. Christina Machado, C.A. No. T13-0019 (August 19, 2013).pdf