Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit).  The Court held that the defendant’s “right” to an independent examination (§ 31-27-3) was not violated. When a defendant refuses a chemical test he or she must be given notice that an independent examination is available; however, the defendant does not need to be given an opportunity to get an examination.  In State v. Langella, 650 A.2d 478 (R.I. 1994), the Rhode Island Supreme Court held that a single telephone call made by the defendant, satisfied the duty of the Police Department to provide him with a reasonable opportunity to have an independent medical examination. Here, the defendant was given notice and an opportunity to make a phone call.  Thus, the Court affirmed the decision to sustain the refusal charge against the defendant.