Appeals Panel
12/28/2011
City of Woonsocket v. Lamphone Voravongsa, C.A. No. T11-0065 Reasonable Grounds
Reasonable Grounds/Probable Cause
The Rhode Island Traffic Tribunal appeals panel affirmed the magistrate’s decision sustaining the charged violation of G.L. 1956 § 31-27-2.1 (Refusal to Submit to A Chemical Test). This panel found that the officer had reasonable grounds to ask the defendant to submit to a chemical test, because the defendant smelled like alcohol, slurred his speech, had bloodshot eyes, and performed poorly on the walk and turn test. Thus, this panel affirmed the violation.
City of Woonsocket v. Lamphone Voravongsa, C.A. No. T11-0065 (December 28, 2011).pdf
Appeals Panel
12/28/2011
City of Woonsocket v. Lamphone Voravongsa, C.A. No. T11-0065 Telephone Call
Telephone Call
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 Appeals Panel held that the officer’s presence during a confidential phone call did not prejudice the defendant and did not warrant dismissal because the defendant was speaking in another language, and the officer could not understand what the defendant was saying. Accordingly, the defendant was afforded a confidential phone call and, thus, the violation was sustained.
City of Woonsocket v. Lamphone Voravongsa, C.A. No. T11-0065 (December 28, 2011).pdf