District Court
10/18/2011
Stephen Beauregard v. State of Rhode Island, A.A. No. 11-0104 Telephone Call
Telephone Call
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit). The Court held that the right to a confidential phone call does not apply to defendants charged with only a civil violation. However, the Court went on to note that even if the defendant did have the right to a confidential phone call, it was not violated because the defendant was awarded one phone call and the officer was a few feet away. Lastly, even if that was not considered a confidential phone call, the Court held that the violation of R.I.G.L. 1956 § 12-7-20 (Right to a Confidential Phone Call) does not warrant a dismissal in this case.
Stephen Beauregard v. State of Rhode Island, A.A. No. 11-0104 (October 18, 2011).pdf
District Court
10/18/2011
Stephen Beauregard v. State of Rhode Island, A.A. No. 11-0104 Right to an Independent Medical Examination
Right to an Independent Medical Examination
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit). The Court held that the defendant’s right to an independent medical examination was not violated because the defendant never expressed a desire to have one. The defendant was informed of his rights and given notice. The statute does not require the state to prove the officer provided the defendant with a reasonable opportunity to get an independent medical examination. However, the Court went on to state that even if a reasonable opportunity was necessary, in this case, the state demonstrated that the officer did give the defendant a reasonable opportunity to get an independent medical examination. In State v. Langella, 650 A.2d 478 (R.I. 1994) one phone call was enough to satisfy that a defendant was given reasonable opportunity to obtain an independent medical examination. Thus, because the defendant was given one phone call, the Court found that the defendant was given a reasonable opportunity. Accordingly, the violation against the defendant was sustained.
Stephen Beauregard v. State of Rhode Island, A.A. No. 11-0104 (October 18, 2011).pdf