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State of Rhode Island v. Kyle Losek, A.A. No. 08-167 (March 2, 2009)

State of Rhode Island v. Kyle Losek, A.A. No. 08-167 (March 2, 2009).pdf
District Court
03/02/2009
State of Rhode Island v. Kyle Losek, A.A. No. 08-167 27(a)

Dismissal

The Coventry town solicitor dismissed the charge of violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test) and the state appealed to the Appeals Panel which affirmed the dismissal. Here, the state appealed the decision of the Traffic Tribunal Appeals Panel. Citing to the case of State of Rhode Island v. Mark Shallcross, A.A. No. 2008-159 (March 2, 2009), the court held that the Attorney General’s authority to prosecute refusal cases does not preempt the filing of a Rule 27(a) dismissal form by a police or municipal prosecutor. Furthermore, the Attorney General’s authority to prosecute refusal cases is not exclusive. Accordingly, the Court affirmed the decision of the Appeals Panel dismissing the charge against the defendant.State of Rhode Island v. Kyle Losek, A.A. No. 08-167 (March 2, 2009).pdf