[Download] "State v. John F. Dicicco" by The State of Rhode Island Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: State v. John F. Dicicco
- Author : The State of Rhode Island Supreme Court
- Release Date : January 30, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This case came before the Supreme Court on the certification of two questions of law by a Justice of the Superior Court pursuant to G.L. 1956 § 9-24-27 and Rule 72 of the Superior Court Rules of Civil Procedure. At issue are G.L. 1956 § 31-27-2.2, ""Driving under the influence of liquor or drugs, resulting in death,"" and § 31-27-2, ""Driving under influence of liquor or drugs."" The questions ask us to determine: ""1. In a criminal prosecution for driving under the influence of alcohol, death resulting in R.I.G.L. § 31-27-2.2, as amended or driving under the influence, R.I.G.L. § 31-27-2, is a blood alcohol level of 0.10 percent or greater, an essential element of the offense or can the state attempt to establish the element of `under the influence of alcohol' by proof of a blood alcohol level of less than 0.10 percent?""
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