RI District Court and Traffic Tribunal Case Law

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Town of Bristol v. Frank Polverino A.A. No. 09-00023 Sworn Report

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-15-1 (right half of road), § 31-15-11 (laned roadways), and § 31-27-2.1 (refusal to submit to a chemical test). The District Court held that the state’s failure to introduce the arresting officer’s sworn report into evidence was of no consequence pursuant to Link v. State, 633 A.2d 1345 (R.I. 1993). Since the trial magistrate’s decision sustaining the charges against the defendant was not clearly erroneous, the Court affirmed the decision of the Appeals Panel.

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