RI District Court and Traffic Tribunal Case Law

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Eric McNamara v. State of Rhode Island, A.A. No. 09-99 Phone Call

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Court held that where the defendant was informed of his rights by a reading of the Rights for use at Scene/Station cards, and where he then declined to make a phone call, the defendant was in fact afforded an opportunity to make a confidential phone call. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.

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