Rights for Use at the Scene

The state appealed the decision of the Appeals Panel affirming the trial court’s dismissal of the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that although the trial court did not dismiss the charge on the grounds that the Rights for use at Scene Card was not introduced into evidence, the Appeals Panel did invoke this rationale and therefore, this Court must review the Panel’s reasoning. Furthermore, the Court held that recitation of the Rights Cards is not statutorily mandated and that the defendant was sufficiently informed of his right to an independent medical examination where the officer verbally informed him of this right. Accordingly, the Court reversed the decision to dismiss the charge against the defendant and remanded the matter for a new trial.State of Rhode Island v. Rufus Bothers, A.A. No. 07-103 (August 6, 2007).pdf