RI District Court and Traffic Tribunal Case Law

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

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 the field sobriety tests did not violate the defendant’s 5th Amendment right against self incrimination because the tests are not “communication” or “testimony” and the defendant consented to them. Accordingly, the Court affirmed the decision of the Appeals Panel sustaining the charges against the defendant.

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