Reasonable Grounds/Probable Cause

The state appealed the decision of the Appeals Panel reversing the trial magistrate’s decision to sustain the charge against the defendant for the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The state argued that probable cause existed because the defendant was seated behind the steering wheel with the key in the ignition in the “on” position, appeared to be asleep in a car that had just been in an accident, emitted the odor of alcohol from her breath, had bloodshot and watery eyes, and slurred speech. The Court held that “all that is needed at the arrest phase is for one of the reasonable interpretations of the facts and circumstances to establish probable cause,” citing Pound v. State, A.A. No. 02-40, 15-16 (R.I. 03 ) quoting State v. Bruno, 709 A.2d 1048 (R.I. 1998). The District Court held that “based on the mosaic of facts surrounding the circumstances available to the officer,” one reasonable interpretation of the facts pointed to the probability that the defendant had operated the vehicle under the influence of alcohol, and thus, held that probable cause existed. Accordingly, the District Court reversed the decision of the Appeals Panel and reinstated the decision of the trial judge finding the defendant guilty of the violation.

State of Rhode Island v. Isabel Booth A.A. No. 03-124 (March 20, 2006).pdf