RI District Court and Traffic Tribunal Case Law

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Brian Priest v. State of Rhode Island, A.A. No. 07-107 27(a)

Defendant appealed the decision of the Appeals Panel reversing the decision of the trial court which dismissed the charge of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that Rule 27(a) of the Rhode Island Traffic Tribunal Rules does not apply to a town solicitor making a recommendation for dismissal. Therefore, the refusal charge should not be dismissed in this case based on Rule 27(a). Accordingly, the Court affirmed the decision of the Appeals Panel and remanded the case for new trial.

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