Judge Dismisses Rhode Island DUI Charge

Field sobriety tests applied incorrectly during drunk driving arrest in Rhode Island.

A Rhode Island Superior Court judge dismissed charges of driving under the influence in Rhode Island against a Massachusetts man over the improper administration of field sobriety tests. Justice Melanie Thunberg found the defendant, James Scalisi, not guilty because the application of the tests deviated from outlined standards.

Scalisi was involved in a two vehicle accident July 20, 2007 where no one was injured. The investigating officer detected alcohol and thought Scalisi was slurring his words, and initiated three field sobriety tests. According to guidelines, before an officer can administer such tests, a determination must be made as to whether the subject has any medical conditions that might impact the results. The evidence entered into trial in Judge Thunberg’s court clearly indicated that the officer did not perform this required task. The judge also found that the arresting officer broke from protocol in several other ways, including establishing that the defendant had mentioned suffering from a sciatic nerve condition while that information was omitted from the initial DUI arrest report.

In her ruling, Judge Thunberg said, “The conclusions of the officer based upon the unsound (test) results can not constitute …a finding of guilt.”

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