Physical Inability to Submit to a Chemical Test

Defendant appealed the judgment of the Appeals Panel affirming the trial magistrate’s verdict sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Defendant argued that it was improper to subject him to sanctions for refusal because he was unable to provide a sufficient sample due to injuries to his back and head. The Court outlined that due process prohibits penalizing a defendant for failing to perform an act that he or she does not have the physical ability to perform. In such a situation, however, it is the motorist who bears the burden of proving such a physical inability “except where such inability is obvious.” The Court agreed with the Appeals Panel and held that because there was no obvious inability and because the medical report the Defendant submitted did not link the Defendant’s injuries to an inability to perform the breath test, the Defendant did not meet his burden of proof. Accordingly, the Court upheld the decision to sustain the violation.

Jared Bisordi v. State of Rhode Island, A.A. No. 2014-092 (June 1, 2015).pdf

Physical Inability to Submit to a Chemical Test

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 § 31-15-1 (right half of road). Following Porcaro v. R.I.T.T., A.A. No. 01-12 (DeRobbio, C.J.), the Court held that the burden of proof is on the motorist to show that he or she was physically incapable of submitting to a chemical test. Absent an obvious incapacitating injury, the defendant must provide expert testimony corroborating the injury and the injury’s effect on taking a chemical test. Here, the evidence offered by the defendant was vague and only showed the existence of an injury, not how the injury would prevent him from taking a chemical test. Accordingly, the Court affirmed the decision sustaining the charges against the defendant.

State of Rhode Island v. Paul Young, A.A. No. 04-84 (January 12, 2006).pdf