RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Neal Gaudreau, A.A. No. 06-04 Arrest Report

Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. § 31-27-2.1 (refusal to submit to a chemical test). Defendant argued that the officer’s testimony was not “sworn” because he did not say he was swearing under oath or raise his right hand. The Court held that the “sworn report” referred to in § 31-27-2.1 is entirely separate from the testimony of the officer and the actual prosecution of a refusal to submit. Therefore, it is irrelevant whether or not the officer raised his right hand or said he was swearing to his testimony at trial. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.

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