Telephone Call

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 under R.I.G.L. 1956 § 12-7-20 defendants must be given the opportunity to make a phone call, however, it is not a requirement that a defendant actually speak with an attorney before deciding whether or not to submit to a chemical test. Here, the defendant was afforded the opportunity to make a phone call.  Accordingly, the Court affirmed the decision of the trial judge sustaining the violation.

City of Warwick v. Robert Malo, C.A. No. T09-0021 (July 4, 2009).pdf