Appeals Panel
03/10/2009
Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 Constitutional Issues
Constitutional Issues
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Court held that where the trial magistrate stated to the prosecution that the Rights for Use at Scene and Station cards had not yet been introduced into evidence, there was no due process violation. The magistrate did not attempt to establish proof to support the position of the prosecution, and, therefore, did not violate the defendant’s right to a trial before a neutral and detached fact-finder. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 (March 10, 2009).pdf
Appeals Panel
03/10/2009
Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 Confidential Phone Call
Telephone Call
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that although the arresting officer could hear the defendant’s voice during her confidential phone call, it was made in a room with no audio-visual surveillance and the officer could not recollect what was said. Accordingly, the Court affirmed the decision of the trial magistrate sustaining the charge against the defendant.Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 (March 10, 2009).pdf
Appeals Panel
03/10/2009
Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 Sworn Report
Sworn Report
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that although the officer’s report was not properly sworn before a notary, the officer’s testimony regarding the report rendered any defect inconsequential. Accordingly, the Court affirmed the decision of the trial magistrate sustaining the charge against the defendant.Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 (March 10, 2009).pdf
Appeals Panel
03/10/2009
Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 Probable Cause
Reasonable Grounds/Probable Cause
Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that where the defendant was speeding, had swerved, fumbled when producing the requested documents, had slurred speech, watery eyes, appeared unsteady on her feet, and the officer observed vomit on the vehicle’s floor, probable cause existed for arrest. Accordingly, the Court affirmed the decision of the trial magistrate sustaining the charge against the defendant.Town of Portsmouth v. Deborah Casey, C.A. No T08-0130 (March 10, 2009).pdf