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RHODE ISLAND CRIMINAL DEFENSE BLOG

Rhode Island DUI Charges Reduced to Reckless Driving in Washington County

Posted by Matthew Marin | May 11, 2014 | 0 Comments

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 for skilled and aggressive DUI defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at mm@matthewtmarin.com, or fill out the contact form on our Website.

About the Author

Matthew Marin

My name is Attorney Matthew Marin. I have dedicated my career to defending those charged with criminal offenses throughout Rhode Island. If you have been arrested or are under investigation for a criminal offense, we understand that are likely in an unfamiliar situation that can be extremely intimidating and even paralyzing. You may feel as if you do not know where to turn or who to ask for help. Fortunately, you have come to the right place to begin your search for answers and a successful resolution to your situation. We have extensive experience assisting thousands of clients facing drunk driving charges, domestic violence charges, and drug charges throughout Rhode Island.

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Attorney Marin Named A Super Lawyers Rising Star Three Consecutive Years 2014-2016

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 3 consecutive years from 2014 thru 2016. 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.


Rhode Island Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member of the National College for DUI Defense. Members represent some of the most experienced and cutting edge DUI defense attorney's throughout the Country. Nationwide, DUI laws are extremely complex and constantly changing and the College facilitates the exchange of innovative defenses throughout the Country.

NCDD National College for DUI Defense: Matthew Marin