RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Thomas Martucci, C.A. No. T15-0046 (February 4, 2016)

The Defendant appealed the hearing magistrate’s decision to issue a preliminary license suspension at the arraignment on the charged violation of G.L. 1956 §31-27-2.1 (refusal to submit to chemical test). The Panel found that this interlocutory order was not appealable because the order did not fall within one of the enumerated statutory exceptions found in R.I.G.L. § 9-24-7 nor would it cause irreparable harm before a final determination was issued.  Additionally, the Panel noted that even if the order were subject to a proper interlocutory appeal the Defendant did not follow the proper procedure to appeal, which would require a petition for certiorari to the Rhode Island Supreme Court.  See Pier House Inn, Inc. v. 421 Corp., 689 A.2d 1069, 1070 (R.I. 1997).  Therefore, the Panel denied and dismissed the appeal.

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