RI District Court and Traffic Tribunal Case Law

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Regent Nicholas v. State of Rhode Island, A.A. No. 10-0208 Knowing and Voluntary Decision

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 his refusal to submit was involuntary and that the officer failed to ascertain whether the emergency personnel had administered medication that affected his ability to understand or comprehend. The Court held that there was no evidence that suggested the defendant was administered medication or that his ability to understand or comprehend was affected. Further, the officer had no duty to inquire into whether any medication was administered to the defendant. Accordingly, the Court sustained the violation against the defendant.

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