District Court
08/08/2008
John McLouglin v. State of Rhode Island, A.A. No. 02-68 Credibility
Credibility Determinations
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). Defendant argues that he was not given an opportunity to make a confidential phone call. However, the officer testified that the defendant was afforded the right to make a confidential phone call, but asked the officer to enter the room to answer the questions of the person defendant was talking to. The Court held that only the finder of fact may assess the credibility of the witnesses and, accordingly, affirmed the decision of the trial court sustaining the charges against the defendantJohn McLoughlin v. State of Rhode Island, A.A. No. 02-68 (August 8, 2008).pdf
District Court
08/08/2008
John McLoughlin v. State of Rhode Island, A.A. No. 02-68 Sworn Report
Sworn Report
Defendant appealed the decision of the Appeals Panel sustaining violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the pre-adjudication suspension of a driver’s license when an officer makes a sworn report is completely separate from the prosecution for refusal to submit to a chemical test. Therefore, any deficiencies in the report do not require dismissal. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.John McLoughlin v. State of Rhode Island, A.A. No. 02-68 (August 8, 2008).pdf
District Court
08/08/2008
John McLoughlin v. State of Rhode Island, A.A. No. 02-68 Probable Cause
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Court held that where the officer testified that the defendant failed field sobriety tests and, based on an objective analysis, believed that the defendant was under the influence, probable cause to arrest existed. Furthermore, the defendant’s subjective state of mind at the time of the officer’s observations is irrelevant. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.John McLoughlin v. State of Rhode Island, A.A. No. 02-68 (August 8, 2008).pdf