RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Neal Gaudreau, A.A. No. 06-04 RIghts for Use

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). The Court held that where the officer read the defendant the Rights for use at Scene/Station cards and suggested that the defendant make a phone call before submitting to the test, defendant was in fact afforded a right to make a confidential phone call. Furthermore, the officer’s attempt to answer the defendant’s confusing line of questions regarding his rights did not vitiate the information provided on the Rights cards. Accordingly, the Court affirmed the decision of the trial court sustaining the charge against the defendant.

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