Reasonable Grounds/Probable Cause

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test).  Defendant argued that the officers did not have reasonable grounds to believe he had operated a vehicle while under the influence because the Officers located Defendant approximately two hours after the accident occurred.  The Panel explained that the Rhode Island Supreme Court has never required evidence to show that an accident was recent.  Rather, the Panel explained, an officer has reasonable grounds based on a totality of the circumstances.  Here, the Officers arrived at the scene of an overturned fire truck and found no one present.  Two hours later, the Defendant walked out of the woods, and the Officers observed the Defendant had bloodshot and watery eyes, had slurred speech, emitted an odor of alcohol.  The Defendant admitted to consuming three alcoholic drinks at some unspecified time and admitted that he lost control of the vehicle.  Based on the circumstances, the Panel held that the Officers had reasonable grounds to infer the Defendant had been operating under the influence at the time of the accident.  Accordingly, the Panel sustained the charged violation.

State of Rhode Island v. Clayton Hardon, C.A. No. T12-0068 (January 9, 2013).pdf