RI District Court and Traffic Tribunal Case Law

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Dennis DeCorpo v. State of Rhode Island, A.A. No. 10-0052 Telephone Call

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 R.I.G.L. 1956 § 12-7-20 (right to a confidential phone call) does not apply to civil violations.  Further, even if it did apply, the defendant’s right to a confidential phone call was not breached.  Moreover even if the defendant did have a right to a confidential phone call and it was breached, the proper remedy would not be dismissal.  Accordingly, the Court sustained the violation against the defendant. 

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