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 decision of the trial judge sustaining the violation of § 31-15-11 was clearly erroneous because the officer failed to testify that the defendant moved into the breakdown lane in an unsafe manner. Section 31-15-11 states that “a vehicle . . . shall not be moved from the lane until the driver has ascertained that the movement can be made with safety.” The Court held that the state failed to meet its burden because the officer only testified that he observed the defendant “swerve” into the breakdown lane and back into the lane of travel and did not testify as to whether the defendant performed the maneuver in a unsafe manner. Accordingly, the Court dismissed the violation of §31-15-11.