Defendant appealed the judgment of the Appeals Panel affirming the trial magistrate’s verdict sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). The Defendant argued that the District Court erred by refusing to consider the impeachment value of the District Court transcript. The District Court, however, agreed with the Appeals panel that the trial judge did allow the Defendant to use the transcript in the Officer’s impeachment, noting that the trial judge told defense counsel she would permit him to use the transcript for impeachment and defense counsel actually did use the transcript in the cross-examination of the Officer. Since the trial judge specifically commented on the impeachment value of the Officer’s prior testimony, the District Court held that the Court did not commit an error. Accordingly, the Court sustained the violation against the Defendant.