Constitutional Issues

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 § 31-27-2.3 (revocation of license upon refusal to submit to a preliminary breath test), and R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Court held that the field sobriety tests did not violate the defendant’s 5th Amendment right against self incrimination because the tests are not “communication” or “testimony” and the defendant consented to them. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the charges against the defendant.Sean McKenna v. State of Rhode Island, A.A. No. 08-82 (October 24, 2008).pdf

Constitutional Issues

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 § 31-27-2.3 (revocation of license upon refusal to submit to a preliminary breath test), and R.I.G.L. 1956 § 31-14-2 (prima facie limits). Defendant argued that the trial judge and Appeals Panel lacked the constitutional authority to enter valid judgments against the defendant because they were appointed prior to the enactment of Article X, Section 4 of the Rhode Island Constitution and in a manner inconsistent with that section. The Court held that Article X, Section 4 should not be applied retroactively and all judges and magistrates lawfully appointed prior to the enactment of that section have the authority to enter valid judgments. Furthermore, the magistrates at issue have been legally appointed under Article IX, Section 5 and R.I.G.L. § 8-8.2-1. Accordingly, the Court affirmed the decision of the appeals panel sustaining the charges against the defendant. Sean McKenna v. State of Rhode Island, A.A. No. 08-82 (October 24, 2008).pdf