RI District Court and Traffic Tribunal Case Law

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John McLoughlin v. State of Rhode Island, A.A. No. 02-68 Sworn Report

Defendant appealed the decision of the Appeals Panel sustaining violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the pre-adjudication suspension of a driver’s license when an officer makes a sworn report is completely separate from the prosecution for refusal to submit to a chemical test. Therefore, any deficiencies in the report do not require dismissal. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.

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