Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit). Defendant argued that he was deprived of his right to a jury trial. However, the Court held that there is no such right to a jury trial for an infraction of the motor vehicle code. A defendant is only entitled to a jury trial if they would have had such a right at the time the Constitution was adopted or if the offense is of a nature that requires a jury trial. See Calore Freight Systems, Inc. v. Dept. of Trans., 576 A.2d 1214 (R.I. 1990). Therefore, because the motor vehicle code did not exist at the time the Constitution was adopted in 1842, nor did any similar statute then exist, and the fines imposed under the motor vehicle code are definite and without discretion, the defendant had no right to a jury trial on the charge of violating R.I.G.L. 1956 § 31-2-2.1. However, the Court went on to dismiss the charge against the defendant on other grounds.