RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Bryan E. Menge, No. T15-0036 (July 27, 2016)

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (“refusal to submit to chemical test”). Defendant argued that the officer did not give the defendant an immediate opportunity to contact and be examined by a physician of his choosing. Defendant was read his rights at the scene and then arrived at the station 23 minutes later. In State v. Poole, 197 A.2d 163 (R.I. 1964), the court held that a forty-five minute time delay between the defendant being notified of his right to be examined by a physician and the defendant’s opportunity to contact a physician did not violate the immediacy requirement. Accordingly, the decision of the trial court was affirmed.

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