Defendant appealed a decision of the trial judge sustaining a violation of G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant was taken into custody under a suspicion of driving under the influence. At the police station, Defendant agreed to take a chemical test, but initially failed to supply enough air into the breathalyzer. The officer gave Defendant a second opportunity to give a sufficient breath sample, but Defendant refused to take the test unless the officer informed him of when the breathalyzer was last calibrated. The test was then terminated, and Defendant was charged with the aforementioned violation. Defendant argued that the trial judge exceeded his role as a neutral fact finder by soliciting responses which assisted the State in meeting its burden of proof. A trial judge “has the discretion to elicit testimony that will clarify any confusion caused by prior examination.” See State v. Figueras, 644 A.2d 291, 293 (R.I. 1994) (citing State v. Giordano, 440 A.2d 742, 745 (R.I. 1982)). Even if a trial judge exceeds that discretion, “the error is harmless if the [judge’s] overall demeanor is neutral and impartial.” See id. at 294. Here, the trial judge raised questions about details that were not mentioned on direct or cross examination, including what sounds the breathalyzer machine made and what those sounds suggested. But the Appeals Panel held that the trial judge did not exceed his role as a neutral fact finder because the trial judge’s overall demeanor remained natural and impartial throughout the trial. Accordingly, the Appeals Panel affirmed the decision of the trial judge.
State of Rhode Island v. Abraham Kaba, No. T15-0032 (April 8, 2016)
Case Index
- Refusal to Submit
- Anonymous Tips
- Arrest
- Availability of a Breathalyzer Machine/ Operator
- Burden of Proof
- Coercion by Officer
- Collateral Estoppel
- Constitutional Issues
- Constructive Refusal to Submit
- Credibility Determinations
- Default Judgment
- Deficient Sample
- Discovery
- Dismissal
- Double Charging
- Evidence
- Fellow-Officer Rule
- Field Sobriety Tests
- Identifying the Defendant
- Inability to Cure a Refusal by Subsequently Submitting
- Jurisdiction of Police Officers
- Knowing and Voluntary Decision
- Missing or Incomplete Transcript
- Motion to Vacate
- Operation of Motor Vehicle
- Penalty
- Physical Inability to Submit to a Chemical Test
- Preliminary Breath Test
- Preliminary Suspension
- Procedure
- Reasonable Grounds/Probable Cause
- Reasonable Suspicion to Stop
- Right to an Independent Medical Examination
- Right to Appeal
- Right to Counsel
- Rights for Use at Station
- Rights for Use at the Scene
- Summons
- Sworn Report
- Telephone Call
- Trial Judge's Findings of Facts
- Traffic Violations
- Aggressive Driving
- Airport Regulations
- Appellate Procedure
- Axle Restriction
- Bailee Plates
- Bolstering
- Burden of Proof
- Care in Starting from Stop
- Clearance for Overtaking
- Colin B. Foote Act
- Collateral Estoppel
- Commercial Motor Vehicle Violation
- Conditions Requiring Reduced Speed
- Constitutional Issues
- Cost and Fees
- Credibility
- Crosswalk Violation
- Default Judgment
- Discovery
- Dismissal
- Double Jeopardy
- Due Care by Drivers
- Evidence
- Failure to Maintain Control
- Failure to Prosecute
- Good Driving Statute
- Hearsay
- Identification
- Immediate Notice of Accident
- Inspection Laws
- Interval between Vehicles
- Issuance of License
- Judicial Notice
- Jurisdiction
- Jurisdiction of Police Officers
- Laned Roadway Violation
- Leaving the Scene
- License on Person
- Manner of Turning
- Newly Discovered Evidence
- Obedience to Devices
- Obedience to Police Officers
- Open Container
- Operating an Unregistered Vehicle
- Operating without Insurance
- Operation by person other than Lessee
- Overtaking on Right
- Overtaking on the Left
- Parking or Stopping Prohibited
- Parties to an Offense
- Passing
- Pedestrians on Freeways
- Penalties
- Places Where U-Turns Prohibited
- Procedure
- Salvage Laws
- School Bus Violations
- Scituate Town Ordinance 7.2(a)
- Seat Belt Use
- Speeding
- Stop sign
- Summons
- Text Messaging While Driving
- Toll Violation
- Traffic Control Signals
- Transporting Animals
- Turn Signal Required
- Unauthorized Practice of Law
- Venue
- Visibility of Plates
- Weight Restrictions