Attorney Matthew Marin is pleased to announce a successful outcome for a client facing Rhode Island DUI charge in Washington County. The Client had been charged with DUI (BAC Over 0.15) for an incident involving a single car accident in February of 2014. According to the Police, the Client's vehicle had gone off the road and was stuck in a snow bank when they arrived after receiving a call for a disabled vehicle. Upon arriving at the scene, the Police allegedly detected the signs of impairment consistent with drunk drivings and conducted roadside standardized field sobriety testing, which in their opinion the Client failed. The Client was subsequently arrested and at the police station submitted to breathalzyer testing. The results of the Client's breathalzyer test indicated his blood alcohol content (BAC) to be over 0.15, leading to potentially enhanced sanctions if convicted.
Defense Argument: Failure to Properly Advise DUI Rights and Failure to Conduct Proper Administration of the Intoxilyzer 5000
After reviewing all the evidence in the case, Attorney Marin was able to identify issues in the advisement of the Client's DUI rights and issues regarding the Police administration of the breathalzyer instrument. A motion to suppress the breath test results was filed and a memorandum also submitted. The key finding by Attorney Marin was a discrepancy between the sequence of events at the Police station as depicted in the Police Officer's narrative and as depicted in the station video obtained by the Defense. After review of all the evidence, the Prosecution today acknowledged potential defects in their case and agreed to reduce the charge from DUI (BAC Over 0.15) to the charge of Reckless Driving.
Favorable Sentence Negotiated Including NO LOSS OF LICENSE
With the amendment to the charge of Reckless Driving, Attorney Marin was able negotiate the resolution of the case by way of a one year Filing (stay out of trouble for one year), NO LOSS OF LICENSE, and court costs. This case will be eligible to be removed from the Client's record in one year and for that one year period does not constitute a "criminal conviction" under Rhode Island law. Because the charge was amended to Reckless Driving, none of the mandatory DUI penalties were imposed. Those mandatory penalties include over $1,000 in fines and assessments, community service, DUI school, license suspension, the payment of a license reinstatement feel, and SR-22 insurance. All the Client has to do is stay out of trouble and pay less than $100 in court costs.
The Law Offices of Matthew T. Marin, Esquire, Inc.
If you or a loved one has been charged with a DUI charge in Rhode Island, you need to immediately call Attorney Matthew Marin
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