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 he was not allowed to make a confidential phone call.  The Court held that the right to a confidential phone call referred to in R.I.G.L. 1956 § 12-7-20 does not apply to those charged with only civil violations.  Additionally, even if the defendant was entitled to a confidential phone call, his right was not breached because the officer was not in the hospital room when the defendant made the call and the defendant failed to prove that hospital personnel were present in the room when the call was made.  Furthermore, the Court noted that the proper remedy would not be dismissal even if the defendant had a right to a confidential phone call and it was breached.  Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the violation against the defendant.