State Ex Rel. Town of Middletown v. Anthony

OPINION

LEDERBERG, Justice.. This case came before the Supreme Court on the petition for certiorari of the State of Rhode Island ex rel. Town of Middletown (petitioner or town) after the District Court found the respondent, John D. Anthony, not guilty of the charge of driving • under the influence of alcohol in violation of G.L.1956 § 31-27-2. We deny certiorari on double jeopardy grounds. It is our opinion, however, that the trial justice erred in excluding *209breathalyzer test results after having found that the respondent had not been advised that an out-of-state conviction of driving under…