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RHODE ISLAND CRIMINAL DEFENSE BLOG

RI DUI Attorney Matthew Marin Announces a NOT GUILTY VERDICT on Behalf of a Client Facing a Charge of Refusal to Submit to a Chemical Test

Posted by Matthew Marin | Mar 02, 2013 | 0 Comments

Attorney Matthew T. Marin announces a NOT GUILTY verdict for a client facing the charge of refusal to submit to a chemical breath test. If you need assistance or are facing Rhode Island Drunk Driving or Breathalyzer Refusal Charges, contact Attorney Matthew T. Marin at 401-228-8271 or[email protected].

CHARGE: REFUSAL TO SUBMIT TO A CHEMICAL TEST (First Offense)
POLICE REPORT:
A local Police Officer was on routine patrol on Route 95 North in the City of Warwick at 1:45 a.m.  The Officer observed a vehicle traveling in the high speed travel lane swerve multiple times over the yellow fog line.  As the suspect vehicle approached Exit 14 and the Route 37 overpass the Officer initiated a motor vehicle stop.  Upon speaking with the operator, the Client, the Officer detected a strong odor of an alcoholic beverage emanating from her breath and her eyes appeared to be bloodshot and watery.  As they spoke, the Officer observed the Client to have slurred speech.  The Client was asked to step from the vehicle and submit to a battery of field sobriety tests.  Three tests were conducted: the Horizontal Gaze Nystagmus, the Walk and Turn, and the One-Leg Stand.  According to the Officer, the Client failed all three phases of the field sobriety tests. She was arrested and transported to the Police Station.  At the Police Station, the Officer requested the Client to submit to a chemical breath test to determine whether if she was intoxicated.  The Client refused to submit to the chemical test at the Officer's direction and was charged with refusal to submit to a chemical test in violation of R.I.G.L. Section 31-27-2.1.
RESULT: NOT GUILTY AFTER TRIAL on February 25th, 2013 based upon the fact that the arresting officer, a Warwick Police Officer, conducted his DUI investigation and arrest in the City of Cranston which is outside of his lawful jurisdiction (See Map for location of pursuit and arrest)
For More Information About Our Rhode Island Drunk Driving Defense Lawyers Visit Our Website at:www.matthewtmarin.com/Rhode_Island_DUI_Defense_Lawyer.html

About the Author

Matthew Marin

Attorney Matthew T. Marin is a highly skilled criminal defense lawyer with an outstanding track record in Rhode Island and Massachusetts. With expertise in DUI/DWI, drug offenses, domestic violence, and white-collar crimes, he is dedicated to providing personalized and effective representation for his clients. A "Rising Star" by Super Lawyers and a member of the National College for DUI Defense and the National Trial Lawyers Top 100, Attorney Marin is committed to staying current with the latest legal developments and giving back to his community through pro bono work.

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Attorney Marin Named A SuperLawyer for Ten Consecutive Years 2014-2023

Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 10 consecutive years from 2014 thru 2023. Each year, no more than 2.5 percent of the lawyers in Rhode Island are selected by the Research Team at Super Lawyers to receive this honor. Super Lawyers selects lawyers who have attained a high degree of peer recognition and professional achievement in their practice area.


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