Right to Appeal

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 since the Appeals Panel decision was mailed on February 1 and the defendant appealed that decision on February 12, the appeal was not timely because it was not within the ten day statutory period for an appeal. Furthermore, even though the state failed to raise this issue, the Court has the authority to raise it sua sponte. Accordingly, the Court dismissed the appeal because it lacked the authority to hear the matter.State of Rhode Island v. Jason Brown, A.A. No. 08-17 (December 15, 2008).pdf