Knowing and Voluntary Decision

Defendant was charged with violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The trial court held that the defendant could not knowingly and voluntarily refuse to submit because of his inability to understand English and dismissed the charge. Upon the State’s appeal of the dismissal, the Appeals Panel then remanded the case to the trial court for lack of findings of fact and law to support its decision. Defendant now appeals the decision of the Appeals Panel. Here, the Court held that the Appeals Panel did not abuse its discretion when remanding the case. The record shows that the trial magistrate did not provide sufficient findings of fact or law to support the dismissal. Accordingly, the Court affirmed the finding of the Appeals Panel that the decision of the trial magistrate was not supported by substantial, probative, and reliable evidence. The Court then reversed the order of the Appeals Panel remanding for a new hearing. The Court held, unless the same trial magistrate is available, the case must be remanded for a new trial.

State of Rhode Island v. Samang Phim, A.A. No. 003-125 (May 20, 2004).pdf