Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.3 (refusal to submit to a preliminary breath test). The Court held that under the totality of the circumstances the initial traffic stop of the defendant was lawful because the officer (who had a history of over sixty arrests for suspected D.U.I) witnessed the defendant enter into his vehicle and drive away after the officer observed the defendant sway from side to side and stumble while walking.  Accordingly, the Court sustained the violation against the defendant.