RI District Court and Traffic Tribunal Case Law

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Richard Dilorio v. State of Rhode Island, A.A. No. 08-20 (July 23, 2008)

Richard Dilorio v. State of Rhode Island, A.A. No. 08-20 (July 23, 2008).pdf
District Court
07/23/2008
Richard Dilorio v. State of Rhode Island, A.A. No. 08-20 Double Charge

Double Charging

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) and R.I.G.L. 1956 § 31-15-11 (laned roadways). Defendant claimed that he was not informed that he could be charged with driving under the influence after he refused to submit to a chemical test and, therefore, the charge of violating §31-27-2.1 should be dismissed. However, the Court held that neither case law nor state statute supports this contention. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.Richard Dilorio v. State of Rhode Island, A.A. No. 08-20 (July 23, 2008).pdf

District Court
07/23/2008
Richard Dilorio v. State of Rhode Island, A.A. No. 08-20 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) and R.I.G.L. 1956 § 31-15-11 (laned roadways). Defendant contends that the trial judge gave weight to the state’s evidence and did not give weight to his own evidence. However, the Court held that only the finder of fact may assess the credibility of the witnesses. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.Richard Dilorio v. State of Rhode Island, A.A. No. 08-20 (July 23, 2008).pdf