Appeals Panel
09/16/2009
Town of West Warwick v. Dennis DeCorpo, C.A. No. T09-0074 Procedure
Procedure
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Following the “raise or waive” rule, the Court held that because the defendant did not raise the issue of delay concerning the rendering of the judge’s decision at trial, the issue was waived and could not be heard on appeal. Furthermore, the defendant’s attorney agreed to receive the decision on the date it was rendered and the delay falls under the ambit of harmless error. Therefore, this case presents no exception to the “raise or waive” rule. Additionally, Rules 18 and 25 of the Traffic Tribunal Rules of Procedure allow the trial judge to enlarge the period within which a decision is rendered. Therefore, the Court affirmed the trial judge’s decision sustaining the charge against the defendant. Town of West Warwick v. Dennis DeCorpo, C.A. No. T09-0074 (September 16, 2009).pdf
Appeals Panel
09/16/2009
Town of West Warwick v. Dennis DeCorpo, C.A. No. T09-0074 Confidential Phone Call
Telephone Call
Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that § 12-7-20 (right to use telephone for call to attorney) also applies to civil cases, and the term “confidentiality” in that statute is clear and unambiguous and, thus, should be given its plain and ordinary meaning. The Court held that the defendant’s phone calls were confidential because the officer was out of earshot range and could not hear what the defendant was saying. Furthermore, the defendant was given twenty minutes to attempt to contact an attorney. Though he was unsuccessful, he also spent much of that time contacting friends, and was not prejudiced by his inability to reach an attorney. Thus, the Court affirmed the trial court’s decision sustaining the charge against the defendant.Town of West Warwick v. Dennis DeCorpo, C.A. No. T09-0074 (September 16, 2009).pdf