RI District Court and Traffic Tribunal Case Law

This website is in no way affiliated with, sponsored by, or supported by the Rhode Island Judiciary, the Rhode Island District Court, or Rhode Island Traffic Tribunal.

Leslie Haley v. State of Rhode Island, A.A. No. 13-071, Preliminary Breath Test

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit). Defendant claimed that the decision of the Appeals Panel sustaining the violation of refusal to submit was in error because she consented to a PBT after arrest and, therefore, had fulfilled her obligations under R.I.G.L. 1956 § 31-27-2.1 to submit to a chemical test. Section 31-27-2.1(d) states “any test . . . for the presence of alcohol which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.” The District Court held that the defendant did not fulfill her obligation of implied consent under § 31-27-2.1 because the PBT used to test the defendant utilized fuel-cell technology to determine the presence of alcohol and did not rely on infrared light. Accordingly, the District Court sustained the violation against the defendant.

Case Index