RECENT RI DUI DEFENSE VICTORIES

CHARGE: DUI (DRIVING UNDER THE INFLUENCE - BAC UNKNOWN)
POLICE REPORT: Police received a 911 emergency call reporting white corvette with a Massachusetts registration traveling the wrong way on a one way street. Officers were dispatched and located the white corvette. Approximately one-half mile down the street the Client’s vehicle pulled over to the side of the road and attempted to wave the cruiser by. The Officer activated his lights and siren and stopped the Client’s vehicle. Upon speaking with the Client, the Officer observed the Client to have a flushed face, moderately bloodshot and watery eyes, slightly slurred speech, and an odor of alcohol emanating from his breath. The Client then attempted standardized field sobriety tests and failed each test. He was taken into custody and charged with DUI (driving under the influence - BAC unknown).
RESULT: CHARGE DISMISSED after the Client was found Not Guilty of the Refusal Charge on 11/23/11

CHARGE: REFUSAL TO SUBMIT TO A CHEMICAL TEST (Breathalyzer Refusal)
POLICE REPORT: Police received a 911 emergency call reporting white corvette with a Massachusetts registration traveling the wrong way on a one way street. Officers were dispatched and located the white corvette. Approximately one-half mile down the street the Client’s vehicle pulled over to the side of the road and attempted to wave the cruiser by. The Officer activated his lights and siren and stopped the Client’s vehicle. Upon speaking with the Client, the Officer observed the Client to have a flushed face, moderately bloodshot and watery eyes, slightly slurred speech, and an odor of alcohol emanating from his breath. The Client then attempted standardized field sobriety tests and failed each test. He was taken into custody and, at the police station, when asked to submit to a chemical test the Client refused to submit. The police then charged the Client with refusal to submit to a chemical test (breathalyzer refusal).
RESULT: NOT GUILTY AFTER TRIAL on 11/8/11

CHARGES:
- DUI - SECOND OFFENSE (B.A.C. OVER 0.15) - Mandatory Min. 6 Month Jail Sentence
- DRIVING WITH SUSPENDED LICENSE (CERTAIN VIOLATIONS) - Min. 10 Day Jail Sentence
POLICE REPORT: Police stopped and approached a motor vehicle on the side of the road with its lights on. Upon approaching the vehicle, they Police observed the Client passed out behind the wheel with the vehicle running. The Police turned the vehicle off and woke up the Client. The Client was incoherent and a rescue was called. The Client was taken to the hospital where field sobriety tests were conducted. After failing the tests, a blood draw was conducted that returned blood alcohol content readings of 222 mg/Dl. The Client was then charged with DUI - Second Offense with B.A.C. readings over 0.15 and driving with a suspended license (suspended as a result of the prior DUI). RESULTS:
- REDUCED TO RECKLESS DRIVING WITH ONE YEAR PROBATION (no loss of license) - DISMISSED on 10/21/11

CHARGE: DRIVING UNDER THE INFLUENCE - DUI (BAC OVER 0.15)
POLICE REPORT: The Police on routine patrol observed the Client make an abrupt u-turn without using a turn signal. The Police, after observing the u-turn, began following the vehicle. The Police observed the vehicle cross over the double yellow lines while traveling. At this point, the Police initiated a motor vehicle stop. Upon speaking with the Client, the Police immediately detected an odor of alcohol emanating from the Client's breath and observed his eyes to be bloodshot, watery, and droopy. The Client then performed three standardized field sobriety tests, failing each test. The Police then requested that the Client submit to a preliminary breath test, to which he consented. The Client blood alcohol content was estimated at 0.158 on the preliminary breath test. The Client was then placed under arrest and transported to the police station. At the station, the Police requested that he submit to a chemical test to which he consented. The Client's blood aclohol content at the station registered at 0.150 and 0.154. The Client was then charged with Driving Under the Influence of Alcohol with readings over 0.15.
RESULT: NOT GUILTY AFTER TRIAL on 9/6/11

CHARGES: DUI and BREATHALYZER REFUSAL
POLICE REPORT: Client was reported to 911 by an anonymous caller who informed police that the Client was "swerving all over the road" and "was driving half of the time into oncoming traffic." Police stopped the Client, administered standardized field sobriety tests which the Client failed. Client was asked to submit to a Preliminary Breath Test. Client submitted and the Preliminary Breath Test results showed a blood alcohol level of 0.14, well over the legal limit of 0.08. Client was arrested, taken to the Police Station, read his rights and asked to submit to a chemical test. Client refused to submit to a chemical test (Breathalyzer) and was charged with Driving Under the Influence of Alcohol and Breathalyzer Refusal.
RESULTS:
- DUI AMENDED TO RECKLESS DRIVING (with no further loss of license)
- BREATHALYZER REFUSAL CHARGE DISMISSED