RI District Court and Traffic Tribunal Case Law

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Seth Bettez, C.A. No. T09-0061 Preliminary Breath Test

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-2.3 (revocation of license upon refusal to submit to a preliminary breath test). The Court held that the arresting officer had formulated the requisite reasonable belief that the defendant was driving under the influence of alcohol because the defendant had crossed the yellow divider line, was speeding, had bloodshot watery eyes, had slurred speech, and he emitted an odor of alcohol on his breath. Unlike § 31-27-2.1 (refusal to submit to a chemical test), § 31-27-2.3 does not require the defendant to be informed of the penalties which will result from a refusal to submit to a preliminary breath test. Accordingly, the Court affirmed the decision of the trial magistrate sustaining the violation against the defendant.

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