Joan DiOrio v. State of Rhode Island, A.A. No. 13-148 (April 15, 2014)

District Court
04/15/2014

Joan DiOrio v. State of Rhode Island, A.A. No. 13-148 Probable Cause

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27 2.1 (refusal to submit) and 1956 § 31-15-11 (laned roadway). Defendant claimed the decision of the Appeals Panel was clearly erroneous because the officer did not have probable cause to arrest the motorist. After suggesting that the State might not be required to prove the existence of probable cause to arrest in a refusal case, the Court held that in this case probable cause existed to believe the defendant operated a vehicle under the influence because the defendant admitted to the consumption of alcohol, had bloodshot and watery eyes, emitted a strong odor of alcohol, swayed and used the vehicle for balance when exiting, was unable to keep the vehicle within the travel lane, and traveled with her hazard lights on. Accordingly, the Court sustained the violation.Joan DiOrio v. State of Rhode Island, A.A. No. 13-148 (April 15, 2014).pdf

District Court
04/15/2014

Anonymous Tips

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27 2.1 (refusal to submit) and 1956 § 31-25-11 (laned roadway). Defendant claimed the officer did not have reasonable suspicion to stop her vehicle because the original basis for the stop was due to an unverified anonymous tip and the officer did not witness a traffic violation until after he followed the defendant. However, the Court held that the anonymous tip was irrelevant because the traffic stop was the result of the officer having observed the defendant leave her lane of travel in violation of R.I.G.L. § 31-15-11. Accordingly, the Court sustained the violation against the defendant.Joan DiOrio v. State of Rhode Island, A.A. No. 13-148 (April 15, 2014).pdf

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