RI District Court and Traffic Tribunal Case Law

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Alan Lunsmann v. State of Rhode Island, A.A. No. 03-55 Procedure

Defendant made a motion for stay of administrative sanctions from the District Court’s decision sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test), pending action by the Supreme Court on defendant’s Petition for Writ of Certiorari. The Court held that in order to grant a stay the moving party must make a strong showing that it will prevail on the merits of the appeal, suffer irreparable harm if the stay is not granted, no substantial harm will come to other interested parties, and a stay will not harm the public interest. The defendant failed on all four issues and accordingly, the Court denied the motion.

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