RI District Court and Traffic Tribunal Case Law

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Marcus Thomas v. RITT, A.A. No. 09-66- Opportunity to Make a Phone Call

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the right established by R.I.G.L § 12-7-20 to make a phone call within one hour of the arrest is exercised when the defendant makes a phone call; it is not necessary that the defendant actually make contact with an attorney. Here, the defendant was provided with this opportunity by the arresting officers. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.

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