RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. James Sullivan, A.A. No. 11-048 Sixth Amendment

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.IG.L. 1956 § 31-14-2 (prima facie limits).  On appeal the defendant claimed that he was not afforded his Sixth Amendment right to compulsory process to question another officer that was on scene at the time of the traffic stop.  The District Court held that the defendant did not request the court to subpoena the second officer.  Consequently, the defendant did not perfect the issue for appeal under the “Raise or Waive” rule.  Accordingly, the Court sustained the violation against the defendant.  

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