RI District Court and Traffic Tribunal Case Law

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City of Warwick v. Michael Petrarca, C.A. No. T10-0033 Reasonable Grounds/Probable Cause

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to chemical test). Defendant claimed that the officer lacked probable cause to arrest him for suspicion of DUI and, as a result, the violation should be dismissed because the initial arrest was unlawful. The Court held that, based on the totality of the circumstances, the officer had probable cause to believe that the defendant had operated a vehicle under the influence because the officer observed that the defendant’s vehicle had struck a utility pole, the defendant was sitting in the driver’s seat of the vehicle, his face and clothes were bloodied, he emitted an odor of alcohol, he had bloodshot and watery eyes, and a witness informed the officer that the defendant had been coming from a bar in Coventry, R.I. Accordingly, the Court sustained the violation against the defendant.

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