The state appealed the decision of the Appeals Panel dismissing the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit) and R.I.G.L. 1956 § 3-8-9 (transportation of an alcoholic beverage by a minor). The state claimed that the trial judge abused her discretion because she denied the state’s request, near the end of the trial, for a two-week continuance in order to obtain a toxicology report by a witness from the Department of Health regarding the liquid inside an alcoholic container. The District Court held that the trial judge did not abuse her discretion because she attempted to balance the state’s request in the middle of the trial with the concerns of a busy court calendar and the right of the defendant to a prompt hearing. Furthermore, the state was not prevented from proving that the substance was an alcoholic beverage because the state could have presented testimony by the officer as to whether the beverage inside the container was alcoholic or consented to a one-week continuance, but elected to forgo its opportunity to do so. Accordingly, the Court upheld the dismissal of the charges against the defendant.