RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Craig Huntley, C.A. No. T09-0092 (December 16, 2009) RIghts for Use at the Scene

Defendant appealed the decision of the trial magistrate sustaining the violations of R.I.G.L. 1956 § 31-27 2.1 (refusal to submit to a chemical test) and 1956 § 31-15-11 (laned roadways).  Defendant argued that the trial magistrate’s decision was an error of law because the Officer did not immediately arrest him and read him his Rights for Use at Scene once the Officer determined he had reasonable grounds to suspect the Defendant had operated under the influence.  The Officer testified he had reasonable grounds to arrest upon arriving on the scene and making observations, but decided to wait to arrest the Defendant until after the Defendant finished receiving medical treatment.  The Panel explained that an Officer is only required to read a suspect the Rights for Use at the Scene once the suspect is under arrest.  The Panel explained that the Defendant’s injuries and subsequent medical treatment prevented the Officer from immediately arresting Defendant, and held that because the Officer appropriately read the Defendant his Rights for Use at Station/Hospital upon arresting him, the Officer’s actions complied with § 31-27-3 and the magistrate’s decision was not in error.  Accordingly, the Panel sustained the charged violations.

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