Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test), R.I.G.L. 1956 § 31-15-1 (right half of road), and R.I.G.L. 1956 § 31-17-6 (yielding to emergency vehicles). Defendant argued that he was advised of incorrect penalties for his refusal to submit to a chemical test. The Court held that the issue was resolved in Such v. State, 950A.2d 1150 (R.I. 2008) and simply refers the reader to that 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.)