The state appealed the decision of the trial judge dismissing the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). Defendant claimed that he was denied his right to an independent medical exam because he was not released from the police station until after his arraignment the following morning. The Court held that it was the duty of the defendant to invoke his right to an examination. The Court held that the defendant was not denied his right to an exam because there was no evidence on record that the defendant ever made his desire to receive an independent medical examination known to the police while he was in custody. Accordingly, the Court reversed the decision of the trial judge dismissing the violation and remanded the case for further proceedings.