RI District Court and Traffic Tribunal Case Law

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Abel Pedroso v. RITT, A.A. No.09-133 Credibility

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). After producing a deficient sample, the trooper instructed the defendant how to properly take the test for a second time. The defendant then failed to blow into the mouthpiece as instructed and the trooper advised the defendant that he would be charged with refusal. After a review of the entire record, the Court held that there was substantial, probative, and reliable evidence to sustain the charge against the defendant. Since the decisions of the trial judge and the Appeals Panel were not clearly erroneous, the Court affirmed the decision sustaining the charge against the defendant.

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