Defendant appealed from the trial magistrate’s decision to sustain the charged violations of G.L. 1956 § 31-15-11, “laned roadway violations” and § 31-27-2.1, “refusal to submit to a chemical test.” Initially, the City of Pawtucket appointed a special prosecutor due to a potential conflict of interest. Subsequently, the special prosecutor dismissed the charges. The Pawtucket Police then re-filed the charges, and the resulting trial ended in a conviction on both charges. The Defendant appealed, claiming that the trial magistrate’s decision to deny his motion to dismiss was an error of law. Specifically, Defendant claimed that various conflicts of interest by the Pawtucket Police Department amounted to a violation of his due process rights that should have resulted in a dismissal of the charges. The Panel looked to various Rhode Island, Connecticut, and U.S. precedent to explain that to succeed on a claim of bias under the Due Process clause, as an initial matter, the defendant must overcome a presumption of honesty and integrity by the decision maker. Furthermore, in an administrative proceeding like the Traffic Tribunal, Due Process requires the opportunity to be heard in a meaningful manner in front of a neutral decision maker. Finally, the defendant must show not only prosecutorial misconduct, but also that the misconduct resulted in unfair prejudice to the defendant. The Panel then looked at the record and found that the defendant made only general accusations of impropriety and failed to identify any specific misconduct committed by the Pawtucket Police Department. Moreover, the defendant did not impute any misconduct to the trial magistrate and did not show that the alleged misconduct resulted in any unfair prejudice. The Panel held that the Defendant did not overcome the presumption that he received a full hearing before an impartial and disinterested tribunal. The Panel explained that it was satisfied that the requirements of due process were met and held that the trial magistrate’s decision to deny the Defendant’s motion to dismiss was not an error of law or an abuse of discretion.
City of Pawtucket v. Jarred Lynch, C.A. No. T12-0032 (April 17, 2014)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions