Gentile v. Gill

OPINION

KELLEHER, Justice.

Acting pursuant to G.L.1956 (1988 Reenactment) § 42-35-16 of the Administrative Procedures Act, we have issued a writ of certiorari to respond to the issue of whether a motorist can be charged in Rhode Island with refusal to take a breathalyzer test when the driving episode takes place in the motorist’s driveway.

On April 20, 1986, a Westerly police officer, responding to a domestic-disturbance call, observed Robert E. Gentile (Gentile) attempting to back out of his driveway in his car. The officer blocked the end of the driveway with his vehicle so that Gentile could…