RI District Court and Traffic Tribunal Case Law

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Regent Nicholas v. State of Rhode Island, A.A. No. 10-0208 Reasonale Grounds/Probable Cause

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 the officer did not have reasonable grounds to believe he had operated a vehicle while under the influence.  The officer never observed the defendant driving, but rather arrived at the scene of an accident at which the defendant was the only person helped out of his car.   The Court held that the officer had reasonable grounds because the defendant had bloodshot and watery eyes, emitted a strong odor of alcohol, lost his temper, had been involved in an accident, and had difficulty complying with requests from emergency personnel.  Accordingly, the Court sustained the violation against the defendant.

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