Refusal to Submit to Chemical Test Cases

(a) General Procedure. The adjudication of summonses which include charges brought for violation of G.L. 1956 § 31-27-2.1 may follow the procedure established by these rules except that the first appearance in such cases shall be scheduled no later than two (2) calendar weeks after the date the summons was issued. Judicial review of the officer's report for the possible suspension of the defendant's driver's license shall be conducted at the first appearance on said charge. No case over which the traffic tribunal has jurisdiction which alleges a violation of G.L. 1956 § 31-27-2.1 and is scheduled for the first appearance shall be continued more than once and in no event more than two (2) weeks beyond the scheduled date without the consent of the chief magistrate or his or her designee. A copy of any discovery request shall be provided to the Department of Attorney General. (b) Motion to Prevent or Stay License Suspension. Any motion by a defendant to prevent or stay the entry of an order of license suspension shall be made pursuant to Rule 25 and shall be made with notice to the office of the attorney general except where delay for purposes of notice would result in immediate and manifest injustice. (c) Consolidation of Probable Cause Charges. All other charges that are brought arising out of the same transaction or occurrence that constitute the probable cause for the request that the defendant submit to a chemical test shall be brought before the traffic tribunal together with the charged violation of G.L. 1956 § 31- 27.2.1. Page 19 of 21 February 2024