RI District Court and Traffic Tribunal Case Law

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Town of North Kingstown v. Joan DiOrio, C.A. No. T12-0078 (August 22, 2013) Identifying the Defendant

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 31-15-11 (laned roadway).  The Panel rejected the Defendant’s argument that the identity of the operator was at issue because the Officer did not immediately make contact with the operator of the vehicle in question, but rather briefly stopped to speak to the operator of a second vehicle stopped a hundred yards away from the Defendant’s vehicle.  The Panel noted that the Defendant was the only person in the vehicle at the time she was stopped, that she was seated in the driver’s seat, and that the Officer made an in-court identification of the Defendant.  The Panel held that identity was not at issue.  Accordingly, the Panel sustained the charged violations.

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