State v. DiStefano

I would respond in the negative to questions one and two and need not answer the third question that has been certified to us from the Superior Court for the reasons hereinafter set out.

I

Certified Question 1

“In view of State v. Timms, 505 A.2d 1132 (R.I.1986), should R.I.Gen.Laws § 31-27-2(c) be interpreted to preclude, in a case involving an alleged violation of R.I.Gen.Laws § 31-27-2.2 (driving under the influence, death resulting), the admission at trial of the results of breathalyzer, blood or urine tests at trial, when the breath, blood or urine samples were seized without the…