To Take The “Preliminary" Breath Test Or Not? That Is The Question!

In a recent Superior Court case, (State v. Cote, C.A. No. N3/08-120A (R.I. Super. 2009)) the Newport County Superior Court addressed the issue of what happens when a drunk driving suspect is offered the Preliminary Breath Test at the scene of the arrest, refuses, but subsequently takes the Breathalyzer test back at the station after being taken into the custody.

Rhode Island Attorney General Favors Expungement Of Criminal Records

In a reverse of course, the Rhode Island Attorney General is now in favor of expunging the criminal records of defendants who have entered into a deferred sentence agreement after 5 years. This is slightly surprising (and a tad bit ironic) because it was the same Attorney General who opposed this just a few years ago. The new bill would restore the practice that had been occurring in Rhode Island courts before the Supreme Court's decision in State v. Briggs.