Reasonable Grounds/Probable Cause

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 did not have probable cause to arrest the Defendant on suspicion of driving under the influence. Here, the Officer testified that he observed the Defendant’s vehicle drifting towards the median before veering into the travel lane. Once in contact with the Defendant, the Officer observed that the Defendant appeared confused, there was a strong odor of alcohol on his breath, his eyes were watery and bloodshot, and he “stumbled” outside of the vehicle. The Panel held that, in light of the totality of the circumstances, the Officer had sufficient evidence to believe that the Defendant had operated his vehicle while intoxicated. Accordingly, the Panel upheld the trial magistrate’s decision to sustain the charged violation.

State of Rhode Island v. Nicholas Picchione, C.A. T08-0047 (October 8, 2008).pdf