RI District Court and Traffic Tribunal Case Law

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City of Warwick v. Leslie Haley, C.A. No. 09-0040 (June 3, 2009)

City of Warwick v. Leslie Haley, C.A. No. 09-0040 (June 3, 2009).pdf
Appeals Panel
06/03/2009
City of Warwick v. Leslie Haley, C.A. No. 09-0040 PBT

Preliminary Breath Test

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that § 31-27-2.1 specifically concerns subsequent chemical tests and only becomes operative once a driver has been placed under arrest. Thus, the fact that the defendant agreed to submit to a preliminary breath test at the scene, does not preclude her from being charged with a violation of § 31-27-2.1 for refusing to submit to a subsequent chemical test at the station. Therefore, the Court affirmed the trial court’s decision to sustain the charge against the defendant.City of Warwick v. Leslie Haley, C.A. No. 09-0040 (June 3, 2009).pdf

Appeals Panel
06/03/2009
City of Warwick v. Leslie Haley, C.A. No. 09-0040 Rights for Use at Station

Rights for Use at the Scene

Defendant appealed the decision of the trial judge 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 defendant was properly informed of the penalties associated with a refusal to submit to a chemical test by the Rights for Use at Station card even though the seventy-five dollar license reinstatement fee was not specifically enumerated therein. The reinstatement of a suspended license is optional and, therefore, the defendant was not prejudiced by the absence of the specific amount of the fee. Therefore, the Court affirmed the trial court’s decision to sustain the violation against the defendant.City of Warwick v. Leslie Haley, C.A. No. 09-0040 (June 3, 2009).pdf

Appeals Panel
06/03/2009
City of Warwick v. Leslie Haley, C.A. No. 09-0040 Collateral Estoppel

Collateral Estoppel

Defendant appealed the decision of the trial judge 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 doctrine of collateral estoppel does not apply in this case because the defendant impliedly waived her right to argue the issue of whether or not she was the operator of the vehicle by taking the stand and testifying that she was, in fact, the operator. Despite the defendant’s contention that the state failed to establish that she was the operator of the vehicle in prior proceedings, the defendant’s testimony served as an implied waiver of her right to argue that issue. Therefore, the Court affirmed the trial court’s decision to sustain the charge against the defendant.City of Warwick v. Leslie Haley, C.A. No. 09-0040 (June 3, 2009).pdf

Appeals Panel
06/03/2009
City of Warwick v. Leslie Haley, C.A. No. 09-0040 Sworn Report

Sworn Report

Defendant appealed the decision of the trial judge 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 charging officer’s testimony at trial concerning an “affidavit” was sufficient evidence for the statutorily required “sworn report,” despite the different terminology that the officer had used. Therefore, the Court affirmed the trial court’s decision to sustain the charge against the defendant.City of Warwick v. Leslie Haley, C.A. No. 09-0040 (June 3, 2009).pdf