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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.

2006 DUI Case Results

Arresting Police Department: Bristol

Date:  7-30-06

Defense Counsel:  Attorney Michael J. Robinson

Allegations:

On 7-30-06, at approximately 9:05 P.M., a Bristol Police Officer claimed to have heard Defendant driver revving his engine at a high rate of speed in downtown Bristol, Rhode Island.  The officer claimed to have then witnessed the driver pass him at a high rate of speed.  The officer then activated his emergency lights and gave chase.  The officer then claimed the driver accelerated which caused the officer to lose visual contact.  After the officer proceeded he claimed to have observed a “large cloud of dust”, the motorcycle on the sidewalk and the driver laying face down in the road in a pool of blood.

Upon approaching the driver, the officer claimed to detect the aroma of alcohol coming from the driver.  The driver was transported to Rhode Island Hospital critical care unit due to hemorrhaging in his brain.  He was administered last rites.  While the driver was in the critical care unit he was charged with driving under the influence of alcohol and eluding a police officer.  The driver survived his injuries.

Disposition:

On September 20, 2006, after several court appearances, Attorney Robinson negotiated the following resolution:

        1.     The drunk driving charge was dismissed, and

        2.     The charge of eluding a police officer was amended to reckless driving and the charge was filed pursuant to Rhode Island General Laws 12-10-12.

* The driver did not lose his license.

 

Arresting Police Department: Middletown

Date:  7-21-06

Defense Counsel:  Attorney Michael J. Robinson

Allegations:

On 7-21-06, at approximately 12:32 A.M., a Middletown Police Officer clocked the defendant driver travelling at 55 m.p.h. in a 35 m.p.h. speed zone.  Upon approaching the driver, the arresting officer claimed that the driver’s smelled strongly of alcohol, had severely bloodshot eyes and mumbled speech.  The driver admitted to having “a couple of drinks” according to the arresting officer.

The arresting officer administered 3 field sobriety tests, which he claimed the driver failed.  As a result, the driver was taken into custody and was charged with driving under the influence of alcohol.

Disposition:

On August 25, 2006, after multiple pretrial conference appearances by Attorney Robinson, the charge of driving under the influence of alcohol was dismissed.

Update:

On our client’s behalf, Attorney Robinson filed a “Motion to Expunge” all arrest and/or criminal records related to the charge of drunk driving.  On September 12, 2006, a hearing on the “Motion to Expunge” was held.  The Department of the Attorney General had no objection to the motion and all arrest records related to the charge of driving under the influence of alcohol were ordered expunged by the Newport County District Court.

 

Arresting Police Department: Cumberland

Date:  5-18-06

Defense Counsel:  Attorney Michael J. Robinson

Allegations:

On 5-18-06, at approximately 10:53 P.M., an anonymous driver approached a Cumberland Police officer at a fixed traffic post and claimed that the driver behind her made her feel “uneasy” and afraid to pull into her own driveway.  She described the vehicle and the Cumberland Police Officer gave chase and stopped the Defendant driver’s vehicle.

Upon initial contact with the driver, the arresting officer claimed to have observed 3 empty beer cans.

The driver was arrested and charged with:

1.  Obstruction of Justice (the arresting officer claimed that the driver provided a false name);

2.  Resisting arrest; and

3.  Driving on a suspended license after it had been suspended for a drunk driving conviction in Massachusetts.  This charge carried a mandatory minimum sentence of 10 days in jail.

Disposition:

Attorney Robinson filed a “Motion to Suppress” the evidence gathered by the Cumberland Police Department on the basis of an unlawful stop.  Attorney Robinson argued that the anonymous driver’s feelings did not justify the vehicle stop in the absence of the officer’s observations that the driver committed any other motor vehicle infraction.

After a conference with the Court, the prosecution agreed to the following disposition:

1.  Driver admitted to obstructing justice and received 1 year of unsupervised probation based on his lengthy previous criminal record;

2.  Resisting arrest was dismissed; and

3.  The charge of driving on a suspended license after it had been suspended for a DUI conviction was amended to a charge of simple driving on a suspended license, for which the driver was fined $400.00.  As a result of the amendment, the driver did not have to go to jail.


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Sayer Regan & Thayer LLP
Phone: (401) 849-3040
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