CHARGE: REFUSAL TO SUBMIT TO A CHEMICAL TEST (First Offense)
POLICE REPORT: A local Police Officer was on routine patrol on Route 95 North in the City of Warwick at 1:45 a.m. The Officer observed a vehicle traveling in the high speed travel lane swerve multiple times over the yellow fog line. As the suspect vehicle approached Exit 14 and the Route 37 overpass the Officer initiated a motor vehicle stop. Upon speaking with the operator, the Client, the Officer detected a strong odor of an alcoholic beverage emanating from her breath and her eyes appeared to be bloodshot and watery. As they spoke, the Officer observed the Client to have slurred speech. The Client was asked to step from the vehicle and submit to a battery of field sobriety tests. Three tests were conducted: the Horizontal Gaze Nystagmus, the Walk and Turn, and the One-Leg Stand. According to the Officer, the Client failed all three phases of the field sobriety tests. She was arrested and transported to the Police Station. At the Police Station, the Officer requested the Client to submit to a chemical breath test to determine whether if she was intoxicated. The Client refused to submit to the chemical test at the Officer’s direction and was charged with refusal to submit to a chemical test in violation of R.I.G.L. Section 31-27-2.1.
RESULT: NOT GUILTY AFTER TRIAL on February 25th, 2013 based upon the fact that the arresting officer, a Warwick Police Officer, conducted his DUI investigation and arrest in the City of Cranston which is outside of his lawful jurisdiction (See Map for location of pursuit and arrest)
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