Motor vehicles – Refusal – Collateral estoppel

Where a charge against a defendant under G.L. §31-27-2.3 for refusing to submit to a preliminary breath test was dismissed in the Traffic Tribunal, the doctrine of collateral estoppel did not preclude the state from subsequently prosecuting the defendant in Superior Court under §31-27-2.1(b)(2) for refusing a chemical breath test. “… In the case before […]