Defendant appealed the decision of the Appeals Panel sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit). The Court held that the defendant’s right to an independent medical examination was not violated because the defendant never expressed a desire to have one.  The defendant was informed of his rights and given notice.  The statute does not require the state to prove the officer provided the defendant with a reasonable opportunity to get an independent medical examination.  However, the Court went on to state that even if a reasonable opportunity was necessary, in this case, the state demonstrated that the officer did give the defendant a reasonable opportunity to get an independent medical examination.  In State v. Langella, 650 A.2d 478 (R.I. 1994) one phone call was enough to satisfy that a defendant was given reasonable opportunity to obtain an independent medical examination.  Thus, because the defendant was given one phone call, the Court found that the defendant was given a reasonable opportunity.  Accordingly, the violation against the defendant was sustained.