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Firm News
- Driver Nearing Troopers on Highway Charged with DUI
Posted on 3/9/2010 - Central Falls Councilwoman Pleads No Contest To DUI
Posted on 2/22/2010 - Richmond Woman Faces Drunken Driving Charges After Route 95 Crash
Posted on 2/15/2010 - Police Get Warrant To Test Driver's Blood In Fatal Crash
Posted on 2/15/2010 - North Kingstown Man Charged After Driving Car Onto Half-Frozen Pond
Posted on 2/1/2010 - Man Will Face Drunken Driving Charges In Hit-Run Crash
Posted on 1/20/2010 - Attorney General Candidate Vows To Get Tough On Drunken Driving
Posted on 1/12/2010 - Prosecutor Admits Refusing Breath Test
Posted on 1/5/2010 - Drunken Driving Accidents, Arrests Plentiful In Rhode Island
Posted on 12/29/2009 - Assistant U.S. Attorney in R.I. Charged with Refusing a Breath Test
Posted on 12/2/2009
Library
DUI
- Did You Know? Facts About DUIs.
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- Learn About Standardized Field Sobriety Tests.
- Penalties For Refusing A Chemical Test in Rhode Island
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- What to Do If The Police Stop You For DUI
Case Results
DUI
DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
2005 DUI Case Results
Arresting Police Department: Rhode Island State Police
Date: 3-4-05
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 3-4-05, at approximately 1:00 A.M., Rhode Island State Troopers were notified of a single car accident on Reservoir Avenue in Cranston. Upon arrival, the Troopers observed the Defendant “driver” in the driver’s seat. The Troopers claimed that the driver reeked of alcohol, had extremely bloodshot and watery eyes, with slurred speech. The Troopers also claimed the driver was unsteady on his feet and had to use his car to support himself to keep from falling down.
The Troopers arrested the driver, and then administered 3 field sobriety tests at the state police barracks, which they claimed the driver failed.
The driver claimed that he was not driving the car; that his friend Joe was the driver, and that Joe took off after the accident.
The driver was charged with driving under the influence of alcohol – 2nd offense. This charge carried a mandatory jail sentence.
Disposition:
On April 1, 2005, after multiple pretrial conferences, Attorney Robinson negotiated the following resolution with the Rhode Island Department of the Attorney General:
The DUI charge was amended to reckless driving, to which the defendant entered a plea of no contest. His charge was filed for one year pursuant to Rhode Island General Laws 12-10-12 and his driver’s license was suspended for 60 days. Although the driver had his license suspended, he avoided a mandatory jail sentence and was not even convicted of any criminal offense (a filing is not a conviction under Rhode Island law).
Arresting Police Department: Rhode Island State Police
Date: 1-2-05
Defense Counsel: Attorney Michael J. Robinson
Allegations:
On 1-2-05, at approximately 1:00 A.M., Rhode Island State Troopers were on a fixed traffic post (claiming to have closed off a portion of the road) assisting the Middletown Police Department at an accident scene. The Troopers claimed to have attempted to stop the driver to inform him that he could not proceed in the direction of the accident. Troopers claimed the driver ignored their instructions and proceeded anyway, whereupon the Rhode Island State Police executed a motor vehicle stop.
Troopers claimed the driver had watery and bloodshot eyes and that his breath smelled strongly of alcohol. Troopers further claimed that the driver admitted to having 5 alcoholic drinks during the evening and fumbled his license and registration information. Finally, Troopers claimed to have observed an empty beer bottle on the rear seat.
Troopers administered 3 field sobriety tests which they claim the driver failed. The driver was arrested and charged with driving under the influence of alcohol. The driver submitted to a breathalyzer test. The first phase showed a blood alcohol content of .113 % and the second phase resulted in a blood alcohol content of .096%.
Attorney Robinson filed a “Motion to Suppress” the results of the breathalyzer test. As a basis for his motion, Attorney Robinson argued that the Rhode Island State Police had neither probable cause to make an arrest nor reasonable suspicion to believe that the defendant had committed any motor vehicle infraction.
Disposition:
On February 22, 2005, after multiple pretrial conferences, Attorney Robinson negotiated the following resolution:
The drunk driving charge was amended to a charge of reckless driving. The driver entered a plea of no contest to the amended charge and had his case filed for 1 year pursuant to Rhode Island General Laws 12-10-12. In addition, the driver agreed to perform community service and had his driver’s license suspended for 3 months.
Due to the amendment of the charge from DUI to reckless driving, the driver was not expelled from officer candidate school.
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