State v. Poland

DECISION

These cases are before the Court on the defendants' motions to dismiss pursuant to Super. R. Crim. P. 12(b). The cases have been consolidated for the sole purpose of consideration of these motions.

Facts and Travel

The defendants have been charged with refusal to submit to a chemical test, second offense, a misdemeanor under G.L. 1956 § 31-27-2.1 (b) (2) punishable by imprisonment for a term not exceeding six months and a fine not exceeding $1,000.00. First offense refusal is, by statute, a civil adjudication cognizable by the Rhode Island Traffic Tribunal and punishable by a fine and…