RI District Court and Traffic Tribunal Case Law

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Nebeil Sarhan v. State of Rhode Island, A.A. No. 12-094 Telephone 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, following State v. Quattrucci, 39 A.2d 1036 (R.I. 2012), emphasized that the right to a confidential phone call only attached when the purpose of the call is to speak to an attorney or arrange for bail. Here, the defendant never spoke to an attorney and he did not need bail.  Thus, because the defendant only called his wife to pick him up and because the defendant could not demonstrate prejudice, the conviction was affirmed.

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