RI District Court and Traffic Tribunal Case Law

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John Waterman v. RITT, A.A. No. 06-40 Phone Call

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 where the defendant was read the Rights for use at Scene and Station forms and made three confidential phone calls to his attorney, there was sufficient evidence that defendant was afforded the right to make a confidential phone call in accordance with § 12-7-20. Accordingly, the Court affirmed the decision of the trial judge sustaining the charges against the defendant.

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