Double Charging

Defendant appealed the decision of the Appeals Panel 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 roadways). Defendant claimed that he was not informed that he could be charged with driving under the influence after he refused to submit to a chemical test and, therefore, the charge of violating §31-27-2.1 should be dismissed. However, the Court held that neither case law nor state statute supports this contention. Accordingly, the Court affirmed the decision of the trial court sustaining the charges against the defendant.Richard Dilorio v. State of Rhode Island, A.A. No. 08-20 (July 23, 2008).pdf