RI District Court and Traffic Tribunal Case Law

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David Dunigan v. State of Rhode Island, A.A. No. 05-103-Coercion by Officer

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the trooper’s testimony that he did not coerce or try to persuade the defendant in any way in making his decision whether or not to submit to the chemical test was sufficient evidence to affirm the trial court’s decision. The plaintiff failed to provide even a scintilla of evidence pointing to coercion. Since the decision of the trial judge was not clearly erroneous, the Court affirmed the decision sustaining the charge against the defendant.

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