State v. O'connor, 02-0684 (2003)

DECISION

The State of Rhode Island has charged defendant, William O'Connor, Jr., with violating G.L. 1956 § 31-27-2, the "DUI" statute, for driving under the influence of alcohol. Defendant filed a motion to dismiss the charge on the ground that Superior Court lacks subject matter jurisdiction to decide the issue. The State objects to this argument. This case was initiated in Rhode Island District Court and then transferred to Superior Court pursuant to Dist. R. Crim. P. 23.

FACTS/TRAVEL

On July 14, 2002, Rhode Island state troopers stopped defendant William O'Connor while he was operating a…