RI District Court and Traffic Tribunal Case Law

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John Waterman v. RITT, A.A. No. 06-40 Constructive Refusal

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) and R.I.G.L. 1956 § 31-21-1 (stopping on traveled portion of open highway prohibited). The Court held that the nature of the chemical test required that it be administered within a reasonable time. Defendant’s attempt to delay the test until his attorney arrived constituted a constructive refusal to submit. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.

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