RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Daniel Nevitt, No. T15-0043 (August 25, 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”) and § 31-26-5 (“duty in accident resulting in highway fixtures”). Defendant argued that there was not enough evidence to establish that defendant had been operating his vehicle under the influence of alcohol. A witness called 911 forty minutes after a driver had struck a telephone pole. After the officer responded, the witness told the officer that the driver was operating a Chevrolet. The officer searched the surrounding area and found a Chevrolet in a parking lot that matched this description. After the officer ran the license plate, she identified the defendant as the owner. The officer then went to the defendant’s nearby house, where the defendant admitted that he had consumed three beers and had struck a telephone poll. The officer also testified that the defendant slurred his words and walked with an unsteady gait. Following State v. Perry, 731 A.2d 720 (R.I. 2000) and State v. Menge, T15-0036 (2016), the Appeals Panel held that the officer had a reasonable suspicion to believe that the defendant was operating his vehicle under the influence of alcohol. Therefore, the officer was authorized to request that the defendant to submit to a chemical test. Accordingly, the decision of the trial court was affirmed.

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