Appeals Panel
01/20/2010
City of Warwick v. James Morgan, C.A. No. T09-0103 Right for Use at the Scene
Rights for Use at the Scene
Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test) and R.I.G.L. § 31-15-11 (laned roadways). The Court held that the defendant was not prejudiced by the officer’s failure to read him his rights before proceeding to the field sobriety tests. The defendant had refused to submit to the chemical test after the officer read him the “Right for Use at the Scene” and the “Rights for Use at the Station” forms. Therefore, the charged violation was sustained.
City of Warwick v. James Morgan, C.A. No.T09-0103 (January 20, 2010).pdf
Appeals Panel
01/20/2010
City of Warwick v. James Morgan, C.A. No. T09-0103 Reasonable Grounds
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test”) and R.I.G.L. 1956 § 31-15-11 (laned roadways). The Court held that the officer had reasonable grounds to suspect that the defendant was driving under the influence of alcohol given the totality of the officer’s observations of the defendant’s driving and physical appearance. Since the Court cannot engage in an inquiry as to the credibility of witnesses it must defer to the trial judge’s findings which stated that the officer observed the defendant cross the divider lines and swerve into the breakdown lane. Therefore, the violation was sustained.
City of Warwick v. James Morgan, C.A. No.T09-0103 (January 20, 2010).pdf