GENTILE v. GILL

No. 87-340-M.P.

560 A.2d 327 (1989)

Robert E. GENTILE v. Matthew J. GILL, Jr., et al.

Supreme Court of Rhode Island

June 19, 1989.


Attorney(s) appearing for the Case

Edward H. Newman (Adamo & Newman), Westerly, for plaintiff.

James E. O'Neil, Attorney General, Caroline Cole Cornwell, Assistant Attorney General, for defendant.


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...

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