Rights for Use at the Scene

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 Officer violated R.I.G.L. 1956 § 31-27-3 (right of a person charged with operating under the influence to physical examination) because he failed to inform the Defendant of his right to an independent medical examination immediately upon his arrest. Here, the Officer testified that he realized while transporting the arrested Defendant to the station that he had neglected to read him his rights for use at the scene.  Consequently, he read the Defendant his rights for use at the scene after he arrived at the police station. The Panel held that the Officer unreasonably and unnecessarily delayed reading the Defendant his rights because there was no reason for failing to inform the Defendant of his rights “immediately,” as required by the statute. Accordingly, the Panel reversed the trial magistrate’s decision and dismissed the charged violation.

Judge Ciullo filed a dissenting opinion, noting that he would have sustained the violation because the Defendant was unable to show any prejudice that resulted from the delay between his arrest and the advisement of his rights.

State of Rhode Island v. Mark Soullierre, C.A. T08-0045 (May 28, 2008).pdf