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 the defendant raised the same issue as that which was raised in Such v. State of Rhode Island, 950A.2d 1150 (R.I. 2008). That decision renders the issue moot in this case. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against defendant.
(Note: In Such v. State of Rhode Island, 950A.2d 1150 (R.I. 2008), the Rhode Island Supreme Court ruled that a budget bill which added a $200 assessment to the refusal statute (§ 31-27-2.1) was not intended to negate the penalties in the refusal statute. Instead, the Court ruled that both the budget bill and the refusal statute would be operative in assessing the penalties for violating §31-27-2.1.)