Reasonable Suspicion to Stop

The Defendant appealed the trial magistrate’s decision to sustain the charged violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test). The Defendant argued that the trial magistrate’s decision was clearly erroneous because the Officer did not have reasonable suspicion to stop the Defendant’s vehicle. Here, the Officer testified that he stopped the Defendant’s vehicle after he witnessed it swerve abruptly into a parking lot and then hit a curb. Once in contact with the Defendant, the Officer observed that the Defendant’s breath smelled strongly of alcohol, his movements were slow and clumsy, his eyes were watery and bloodshot, and he acknowledged that he was coming from a bar and had “a couple beers.” In light of the evidence, the Panel held that the trial magistrate had legally competent evidence to conclude that the stop was lawful. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the charged violation.

State of Rhode Island v. Joseph Carnasciale, C.A. T08-0082 (September 24, 2008).pdf