RI District Court and Traffic Tribunal Case Law

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Town of Middletown v. Svetlana Semenova, Ca.A. No. T11-0049 Constitutional Issues

Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test) and R.I.G.L. 1956 § 31-15-11 (laned roadway). Defendant claimed that the officer’s stop and detention of her constituted a de facto arrest in violation of her Fourth Amendment rights. The Court held that the officer had reasonable suspicion to stop the defendant and investigate for suspicion of DUI because the officer observed the defendant travel at a high rate of speed and swerve into the breakdown lane, the defendant had bloodshot and watery eyes, she emitted an odor of alcohol, she admitted to the consumption of alcohol, and she had difficulty retrieving the requested documents. Further, the Court noted that there was nothing on the record that suggested the officer’s detention of the defendant was unusual in either duration or scope. Accordingly, the Court sustained the violation of § 31-27-2.1.

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