The Rhode Island high court has backed a 2006 law that applies harsher penalties to drivers who refuse to take a Breathalyzer test.
The law doubled the minimum license suspension for those who refused the test to six months, and added possible prison time and high fines for second offenses.
Gov. Don Carcieri signed the law two days before he signed an annual budget bill, which didn’t include the stiffer penalties. Three men argued that Carcieri wiped out the new law when he signed the budget bill, and Superior Court Stephen Fortunato agreed in January 2007.
However, the state Supreme Court has now upheld the new law because it said the timing of Carcieri’s signature on the budget was irrelevant and that the legislature did not intend for the budget bill to repeal the refusal law.
Topics Personal Auto
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