Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Appeals Panel held that the trial magistrate’s decision to allow testimonial evidence about the breathalyzer cards without the state entering the cards themselves into evidence or offering any proof that the cards were unavailable due to loss, destruction, inaccessibility, or other justifiable cause violated the “best evidence rule” (Rule 1002 in the Rhode Island Rules of Evidence) and constituted an abuse of discretion. However, the Court held that the abuse of discretion constituted harmless error as the violation was supported by other legally competent evidence. Accordingly, the Court affirmed the decision of the trial magistrate sustaining the violation against the defendant.