RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Deborah Casey A.A. No. 09-0040- Dismissal 27(a)

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant was found guilty after a trial of refusal to submit to a chemical test.  After sentence was imposed, the prosecutor attempted to dismiss the case pursuant to Rule 27(a).  When the trial court refused to accept the dismissal the defendant filed an appeal. The District Court held that a Rule 27(A) does not permit a dismissal after a final judgment has been entered. Since the decision of the trial magistrate rejecting the prosecutor’s attempt to dismiss the case was not clearly erroneous, the Court affirmed the charge against the defendant.

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