District Court
08/12/2008
John Ferri v. State of Rhode Island, A.A. No. 08-83 Rights for Use at Station
Rights for Use at the Scene
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test), R.I.G.L. 1956 § 31-15-1 (right half of road), and R.I.G.L. 1956 § 31-17-6 (yielding to emergency vehicles). Defendant argued that he was advised of incorrect penalties for his refusal to submit to a chemical test. The Court held that the issue was resolved in Such v. State, 950A.2d 1150 (R.I. 2008) and simply refers the reader to that case. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against defendant.
(Note: In Such v. State of Rhode Island, 950A.2d 1150 (R.I. 2008), the Rhode Island Supreme Court ruled that a budget bill which added a $200 assessment to the refusal statute (§ 31-27-2.1) was not intended to negate the penalties in the refusal statute. Instead, the Court ruled that both the budget bill and the refusal statute would be operative in assessing the penalties for violating §31-27-2.1.)John Ferri v. State of Rhode Island, A.A. No. 08-83 (August 12, 2008).pdf
District Court
08/12/2008
John Ferri v. State of Rhode Island, A.A. No. 08-83 Credibility
Credibility Determinations
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test), R.I.G.L. 1956 § 31-15-1 (right half of road), and R.I.G.L. 1956 § 31-17-6 (yielding to emergency vehicles). Defendant argued that the arresting officer was not credible because there were inconsistencies in his testimony and he could not remember the name of the Notary Public who notarized his affidavit. However, the Court held the only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.John Ferri v. State of Rhode Island, A.A. No. 08-83 (August 12, 2008).pdf
District Court
08/12/2008
John Ferri v. State of Rhode Island, A.A. No. 08-83 Probable Cause
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test), R.I.G.L. 1956 § 31-15-1 (right half of road), and R.I.G.L. 1956 § 31-17-6 (yielding to emergency vehicles). The Court held that where the defendant was driving erratically, crossed over the double yellow line and then into the breakdown lane, had slurred speech and emitted a strong smell of alcohol on his breath, reasonable grounds to stop the defendant existed. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.
John Ferri v. State of Rhode Island, A.A. No. 08-83 (August 12, 2008).pdf
District Court
08/12/2008
John Ferri v. State of Rhode Island, A.A. No. 08-83 Reasonable Suspicion
Reasonable Suspicion to Stop
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test), R.I.G.L. 1956 § 31-15-1 (right half of road), and R.I.G.L. 1956 § 31-17-6 (yielding to emergency vehicles). The Court held that where the defendant was driving erratically, crossed over the double yellow line, and crossed into the breakdown lane, reasonable suspicion to stop the defendant existed. Furthermore, the icy, slushy road conditions did not affect the reasonable suspicion for the initial stop. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.John Ferri v. State of Rhode Island, A.A. No. 08-83 (August 12, 2008).pdf