District Court
06/30/2009
Town of Bristol v. Frank Polverino A.A. No. 09-00023 Arrest
Arrest
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-15-1 (right half of road), § 31-15-11 (laned roadways), and § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that defendant was “clearly placed under arrest,” as required by §31-27-2.1 because he was restrained in handcuffs and driven to the police department in the back seat of a cruiser. Therefore, the Court affirmed the decision of the Appeals Panel.
Town of Bristol v. Frank Polverino A.A. No. 09-00023 (June 30, 2009) Rahill, J..pdf
District Court
06/30/2009
Town of Bristol v. Frank Polverino A.A. No.09-00023-Coercion by Officer
Coercion by Officer
Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-15-1 (right half of road), § 31-15-11 (laned roadways), and § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the defendant was not coerced into refusing to submit because he independently chose to refuse to submit where he wanted to get out of jail and thought that refusing would get him out of jail. Accordingly, the Court affirmed the decision of the Appeals Panel.
Town of Bristol v. Frank Polverino A.A. No. 09-00023 (June 30, 2009) Rahill, J..pdf
District Court
06/30/2009
Town of Bristol v. Frank Polverino A.A. No. 09-00023 Discovery
Discovery
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-15-1 (right half of road), § 31-15-11 (laned roadways), and § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the defendant was not prejudiced by trial magistrate’s failure to allow the defendant’s counsel to review the arresting officer’s field sobriety test pocket reference guide. Therefore, the Court affirmed the decision of the Appeals Panel.
Town of Bristol v. Frank Polverino A.A. No. 09-00023 (June 30, 2009) Rahill, J..pdf
District Court
06/30/2009
Town of Bristol v. Frank Polverino A.A. No. 09-00023 Sworn Report
Sworn Report
Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-15-1 (right half of road), § 31-15-11 (laned roadways), and § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the state’s failure to introduce the arresting officer’s sworn report into evidence was of no consequence pursuant to Link v. State, 633 A.2d 1345 (R.I. 1993). Since the trial magistrate’s decision sustaining the charges against the defendant was not clearly erroneous, the Court affirmed the decision of the Appeals Panel.
Town of Bristol v. Frank Polverino A.A. No. 09-00023 (June 30, 2009) Rahill, J..pdf