District Court
07/01/2009
City of Warwick v. Richard Porter, A.A. No. 09-113 – Counstitutional Issues
Constitutional Issues
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). The Court held that the Fourth Amendment protections against an unreasonable “search” of defendant’s breath did not apply here because the defendant refused to submit to a breath test, and no such test was administered. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.
City of Warwick v. Richard Porter, A.A. No. 09-113 (July 1, 2009).pdf
District Court
07/01/2009
City of Warwick v. Richard Porter, A.A. No. 09-113 Rights for use at Station
Rights for Use at Station
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that there was substantial, probative, and reliable evidence to support the trial judge’s finding that there was no confusion or prejudice where the arresting officer read the defendant and another defendant their rights at the same time. Since the decision of the trial judge was not clearly erroneous, the Court affirmed that decision sustaining the charge against the defendant.
City of Warwick v. Richard Porter, A.A. No. 09-113 (July 1, 2009).pdf