RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Isabel Booth A.A. No. 03-124 Sworn Report

The state appealed the decision of the Appeals Panel dismissing the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test.)  Section 31-27-2.1(b) states the requirements for immediate license suspension in connection with a refusal to submit charge and allows the trial magistrate to suspend a license on receipt of a “report” by a law enforcement officer.  Section 31-27-2.1(c) states the basis for sustaining a refusal charge and allows the trial magistrate to sustain the charge after finding that the officer making a “sworn report” had reasonable grounds to believe the defendant operated under the influence.  The defendant argued that the “report” referred to in § 31-27-2.1(b) is the same as the “sworn report” mentioned in § 31-27-2.1(c).  The District Court held that the “reports” were different and the conviction of § 31-27-2.1(c) was not dependent on filing a report pursuant to § 31-27-2.1(b).  Accordingly, the Court sustained the violation against the defendant.

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