Telephone Call

The Rhode Island Supreme Court reversed the dismissal of the charge alleging that the defendant refused to submit to a chemical test.  The Rhode Island Supreme Court remanded the case to the District Court, holding that the confidential requirement of §12-7-20 does not attach to every phone call, but rather only those made for the purposing of speaking to an attorney or to arrange bail.  Here, the only evidence stated that the defendant called a friend and girlfriend.

Also, the Rhode Island Supreme Court noted that the defendant was entitled to the protections of § 12-7-20 because he was arrested for a criminal charge and the civil charge was merely an additional charge that did not vitiate the defendant’s right to a confidential phone call in the first place.

State v. Lewis T. Quattrucci No. 2010-97-M.P. (March 9, 2012).pdf