RI District Court and Traffic Tribunal Case Law

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Sean McKenna v. State of Rhode Island, A.A. No. 08-82 Arrest

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test), R.I.G.L. 1956 § 31-27-2.3 (revocation of license upon refusal to submit to a preliminary breath test), and R.I.G.L. 1956 § 31-14-2 (prima facie limits). The Court held that where the defendant was arrested but only charged with civil offenses and not a criminal offense, the defendant is still an “arrested” person under § 31-27-2.1. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the charges against the defendant.

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