Missing or Incomplete Transcript

The state appealed the decision of the Appeals Panel reversing the decision of the trial court which sustained the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that where a technological malfunction caused a substantial portion of the trial record to be unavailable and where the Court was unable to conduct a meaningful review of the matter, the proper remedy was to remand the matter for a new trial. Accordingly, the Court vacated the order of the Appeals Panel dismissing the charge against the defendant and remanded the matter for new trial.State of Rhode Island v. Geoge Schoof, A.A. No. 08-15 (June 5, 2008).pdf

Missing or Incomplete Transcript

Defendant appealed the decision of the Appeals Panel sustaining the violations of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit), R.I.G.L. 1956 § 31-14-2 (speeding), and R.I.G.L. 1956 § 31-15-11 (laned roadways). Defendant failed to submit a transcript of the hearing for review to the Appeals Panel. The District Court held that the Appeals Panel’s decision sustaining the violations against the defendant was not clearly erroneous because they were unable to adequately review the record for errors of fact or law due to the defendant’s failure to submit a transcript of the hearing. Additionally, after determining that the Appeals Panel had not erred, the Court reviewed the record and listened to the electronic recording of the hearing and determined that the trial magistrate’s decision was supported by the evidence of record. Accordingly, the Court sustained the violations against the defendant. Sharon Gagne Smith v. RITT, A.A. No. 03-123 (March 24, 2004).pdf