Appeals Panel
02/04/2016
State of Rhode Island v. Thomas Martucci, C.A. No. T15-0046 (February 4, 2016)
Procedure
The Defendant appealed the hearing magistrate’s decision to issue a preliminary license suspension at the arraignment on the charged violation of G.L. 1956 §31-27-2.1 (refusal to submit to chemical test). The Panel found that this interlocutory order was not appealable because the order did not fall within one of the enumerated statutory exceptions found in R.I.G.L. § 9-24-7 nor would it cause irreparable harm before a final determination was issued. Additionally, the Panel noted that even if the order were subject to a proper interlocutory appeal the Defendant did not follow the proper procedure to appeal, which would require a petition for certiorari to the Rhode Island Supreme Court. See Pier House Inn, Inc. v. 421 Corp., 689 A.2d 1069, 1070 (R.I. 1997). Therefore, the Panel denied and dismissed the appeal.
State of Rhode Island v. Thomas Martucci, C.A. No. T15-0046 (February 4, 2016).pdf
Appeals Panel
02/04/2016
State of Rhode Island v. Thomas Martucci, C.A. No. T15-0046 (February 4, 2016)
Right to Appeal
The Defendant appealed the hearing magistrate’s decision to issue a preliminary license suspension at the arraignment on the charged violation of G.L. 1956 §31-27-2.1 (refusal to submit to chemical test). The Panel found that this interlocutory order was not appealable because the order did not fall within one of the enumerated statutory exceptions found in R.I.G.L. § 9-24-7 nor would it cause irreparable harm before a final determination was issued. Additionally, the Panel noted that even if the order were subject to a proper interlocutory appeal the Defendant did not follow the proper procedure to appeal, which would require a petition for certiorari to the Rhode Island Supreme Court. See Pier House Inn, Inc. v. 421 Corp., 689 A.2d 1069, 1070 (R.I. 1997). Therefore, the Panel denied and dismissed the appeal.
State of Rhode Island v. Thomas Martucci, C.A. No. T15-0046 (February 4, 2016).pdf
Appeals Panel
02/04/2016
State of Rhode Island v. Thomas Martucci, C.A. No. T15-0046 (February 4, 2016)
Sworn Report
The Defendant appealed the hearing magistrate’s decision to issue a preliminary license suspension at the arraignment on the charged violation of G.L. 1956 §31-27-2.1 (refusal to submit to chemical test). The Defendant argued that language in the sworn report was misleading and contradicted statutory language found in §31-27-2.1. Specifically, the Defendant argued that the sworn report indicated an immediate license suspension would follow from the refusal to submit a chemical test when the actual procedure is to first have the sworn report received and reviewed by a magistrate prior to any license suspension. The Panel found, however, that a thorough review of the sworn report is not required by the statutory language and that the language in the sworn report was not misleading in this regard.
State of Rhode Island v. Thomas Martucci, C.A. No. T15-0046 (February 4, 2016).pdf