RI District Court and Traffic Tribunal Case Law

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Bruce Bartels v. State of Rhode Island, A.A. No. 13-164 Reasaonble Grounds

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 1956 § 31-22-21.1 (open container). The defendant claimed the citing officer lacked reasonable grounds to believe he was driving while intoxicated because the officer approached the defendant while he was outside the vehicle in a parking lot with a flat tire and “rummaging through the trunk.” However, the District Court held that the Appeals Panel did not err in concluding the officer had reasonable grounds to believe the defendant had operated the vehicle while under the influence because the defendant had admitted he had driven the vehicle, admitted he was coming from Foxwoods, and there were markings on the tire which suggested to the officer that the tire had gone flat while being driven. Furthermore, the officer testified that the location of the defendant was not within one-half mile of a drinking establishment. Therefore, the Court concluded that the officer had reasonable grounds to believe the defendant operated a vehicle under the influence and sustained the violation.

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