RI District Court and Traffic Tribunal Case Law

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Brian R. Cunha v. State of Rhode Island, A.A. No. 03-80 Constructive Refusal

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit) and R.I.G.L. 1956 § 31-20-9 (obedience to stop signs). Defendant claimed that the actions of the police resulted in an “involuntary constructive refusal” charge because he was denied bail on the night of his arrest and, therefore, denied the ability to obtain exonerating evidence. However, the District Court held that the Appeals Panel’s decision was not clearly erroneous because there was evidence on record that the defendant was properly informed of the rights and penalties pursuant to § 31-27-2.1. Furthermore, the Court found that there were no facts to support the defendant’s theory of “involuntary constructive refusal.” Accordingly, the Court sustained the violation against the defendant.

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