RI District Court and Traffic Tribunal Case Law

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George Phillip v. RITT, A.A. No.09-140 Discovery

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Court held that it was within the discretion of the trial magistrate whether or not to dismiss the charge because of the trooper’s failure to comply with a discovery order. Furthermore, the trooper’s non-compliance with the discovery order did not have a material or prejudicial effect on the defendant. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violation against the defendant.

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