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Recent Criminal Case Victories

2011 RI CRIMINAL DEFENSE VICTORIES

CHARGE:
(1) 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

CHARGES:
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT:
The Client was driving with his brother and a friend when he took a right hand turn through a green light without using a turn signal. A local police officer on patrol behind the Client's vehicle activated his lights and sirens and halted the Client's vehicle. Upon approaching the vehicle, the Officer detected an odor of marijuana emanating from the vehicle and asked the Client to exit the vehicle. Once outside, the Client explained to the Officer that the odor was his medicinal marijuana and showed the Officer his medical marijuana card. Inside the Client's trunk the Officer noticed a glass jar containing marijuana, a digital scale, and a large stack of cash. The Officer then requested consent to search the Client's vehicle which the Client provided. Upon searching the vehicle, the Officer discovered over seven ounces of marijuana, well above the two and one-half ounce limit provided by Rhode Island's Medical Marijuana laws. Based on what the Officer discovered, the Client was charged with possession with intent to deliver marijuana and driving in possession of a controlled substance.
RESULT: ALL CHARGES DISMISSED after prevailing on Motion to Suppress Evidence on 11/18/11

CHARGES:
(1) DOMESTIC ASSAULT AND BATTERY
(2) DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: The police received a phone call from a neighbor complaining of a domestic disturbance. Upon arrival, the Police spoke with the Complaining Witness who indicated that the Client had returned home and an argument had ensued. During the course of the argument, the Client became physical and struck her knocking her to the ground. The Client then allegedly began throwing objects around the apartment. Based on the statements made by the Complaining Witness, the Police arrested the Client and charged him with Domestic Simple Assault and Domestic Disorderly Conduct.
RESULT: ALL CHARGES DISMISSED on the day of Trial on 11/18/11

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:
(1) DOMESTIC ASSAULT AND BATTERY
(2) DOMESTIC VIOLATION OF A NO CONTACT ORDER
(3) VIOLATION OF A FILING - DOMESTIC ASSAULT AND BATTERY
(4) VIOLATION OF A FILING - CYBER STALKING
POLICE REPORT: The Police responded to an emergency 911 call. Upon arriving, they spoke with the Complaining Witness who told them that she had been seeing the Client for weeks and during that time a no contact order had been in place. The Complaining Witness further informed the Police that the Client had assaulted her after an argument broke out when the Client's ex-girlfriend had called. Based on the Complaining Witness' statement, the Police issued a warrant charging the Client with Domestic Assault and Battery and Domestic Violation of a No Contact Order.
RESULT: ALL CHARGES DISMISSED AND VIOLATIONS WITHDRAWN on the day of Trial on 11/2/11

CHARGE: MISDEMEANOR SHOPLIFTING (FIRST OFFENSE)
POLICE REPORT:
Client was shopping with a friend at a local store. Store security observed the Client, in the rear of the store, pass items to her friend which were concealed in her friend's purse. The two then proceeded past all points of sale and exited the store without paying for the products. Store security stopped the Client and her friend and located the concealed items in her friends purse. Upon arrival, the police charged the Client with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 10/26/11

CHARGE: MISDEMEANOR SHOPLIFTING (FIRST OFFENSE)
POLICE REPORT:
Client, a college student, was shopping at a local mall. Store security allegedly observed the Client conceal several items. The Client then passed all points of sale and the exit of the store without paying for the products. Store security stopped the Client and requested she turn over the concealed items. Upon arrival, the police charged the Client with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 10/25/11

CHARGES:
(1) DUI - SECOND OFFENSE (B.A.C. OVER 0.15) - Mandatory Min. 6 Month Jail Sentence
(2) 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:
(1) REDUCED TO RECKLESS DRIVING WITH ONE YEAR PROBATION (no loss of license)
(2) DISMISSED
on 10/21/11

CHARGES:
(1) DOMESTIC ASSAULT AND BATTERY
(2) DOMESTIC REFUSAL TO RELINQUISH A TELEPHONE
POLICE REPORT: The Complaining Witness responded to the local police station and provided a written statement that her now ex-boyfriend, the Client, had assaulted her one week prior. In the statement provided to the Police, the Complaining Witness explained that the Client and her had been engaged in a verbal argument. The Complaining Witness alleged that the argument became heated and the Client punched her in the face, opening a gash near her eyebrow. A struggle ensued in which the Complaining Witness attempted to call 911 on her cell phone, but the Client grabbed the phone from her and prevented her from calling the police. A rescue was called and the Complaining Witness was transported to the hospital where the gash required four stitches. Based on the statements provided by the Complaining Witness, the Police issued a warrant for the Client's arrest charging him with Domestic Simple Assault and Battery and Domestic Refusal to Relinquish a Telephone.
RESULT: ALL CHARGES DISMISSED on 10/19/11

CHARGE: MISDEMEANOR SHOPLIFTING (FIRST OFFENSE)
POLICE REPORT:
Client was shopping at a local mall. Store security allegedly observed the Client conceal several makeup products into her purse. The Client then passed all points of sale and the exit of the store without paying for the products. Store security stopped the Client and requested she turn over the concealed items. The Client turned the makeup products over to store security who called the police to press charges. Upon arrival, the police charged the Client with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 10/17/11

CHARGES:
(1) SIMPLE POSSESSION OF MARIJUANA (FIRST OFFENSE)
(2) POSSESSION OF WEAPON OTHER THAN FIREARM
POLICE REPORT:
The Police observed the Client operating his motor vehicle with a brake light out. The Police stopped the Client and upon speaking with the Client they detected the distinct odor of marijuana emanating from the vehicle. The Police also observed a chain with two large metal rivets attached to each end which they immediately identified as a chained weapon. The Police questioned the Client regarding the odor of marijuana. The Client informed them that he was a medical marijuana card holder and had marijuana within the vehicle. The Police weighed the suspected marijuana within the vehicle and weighed nearly three and one half ounces. The Police arrested the Client and charged him with simple possession of marijuana (first offense) and possession of weapons other than firearm.
RESULTS: ALL CHARGES DISMISSED on 9/30/11

CHARGE: FELONY POSSESSION OF MARIJUANA WITH INTENT TO DELIVER
POLICE REPORT:
Campus security responded to a suite at a local college when a Resident Advisor reported the strong odor of burnt marijuana emanating from the suite. Upon arrival at the suite, campus security encountered the Client and began questioning him. After campus security threatened to search the room, the Client turned over 55 grams of marijuana, plastic baggies and a digital scale to campus security. The local police were called and charged the Client with felony possession with intent to deliver marijuana.
RESULT: AMENDED TO SIMPLE POSSESSION OF MARIJUANA and Filed for 1 year on 9/20/11

CHARGE: MISDEMEANOR SHOPLIFTING (FIRST OFFENSE)
POLICE REPORT:
Client was shopping at a local mall. Store security allegedly observed the Client conceal several necklaces inside a bag she had brought into the store. The Client then passed all points of sale and the exit of the store without paying for the necklaces. Store security stopped the Client and requested she turn over the concealed items. The Client turned the concealed necklaces over to store security who called the police to press charges. Upon arrival, the police charged the Client with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 9/20/11

CHARGES:
(1) SIMPLE ASSAULT AND BATTERY
(2) DISORDERLY CONDUCT
POLICE REPORT: The Police were called to a local residence in response to a report of a fight. Upon arrival, the Police spoke to a teenage boy who stated that the Client, a neighbor, had assaulted him. The teenager stated that the Client, who was highly intoxicated, began throwing beer cans at him and yelling at him to pick them up. After the boy had picked the beers up, the Client allegedly slapped the teenager in the face. Based on the teenager's statements, the Police arrested the Client and charged him with simple assault and battery and disorderly conduct
RESULT: DISMISSED on 9/15/11

CHARGE: MISDEMEANOR SHOPLIFTING (FIRST OFFENSE)
POLICE REPORT:
Police responded to a local store for a report of shoplifting. Upon arrival, the Police discovered that loss prevention had detained the Client after they witnessed the Client and a companion select and conceal an assortment of merchandise. The Client and her companion then exited the store without paying for the concealed merchandise. The Police then arrested and charged the Client with misdemeanor shoplifting (First Offense)..
RESULT: DISMISSED on 9/14/11

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:
COUNT 1: DOMESTIC ASSAULT AND BATTERY
COUNT 2: DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: The Client called 911 after an argument with his ex-girlfriend and the mother of his child. When the Police arrived, the Client explained to the Police that she had become angry when he attempted to leave. However, the Client's ex-girlfriend told the Police that the Client had become angry, belligerent and had assaulted her. After listening to the Client's ex-girlfriend and observing a disheveled apartment, the Police arrested the Client and charged him with Domestic Assault and Battery and Domestic Disorderly Conduct.
RESULT: ALL CHARGES DISMISSED after the Client successfully completed the Military Diversion Program on 9/1/11

CHARGE: SIMPLE ASSAULT AND BATTERY
POLICE REPORT: Police responded to a 911 call to a local residence. Upon arrival, the Police spoke with the complaining witness who explained that he had arrived at the residence to speak with the Client's brother. Upon his arrival, he indicated that the Client began verbally assaulting him. As the complaining witness approached the Client, the complaining witness explained that the Client then sprayed mace into his face, blinding him temporarily. A physical altercation then ensued which was eventually broken up by the others present. Based on the statements obtained from the complaining witness, the Client was charged with Simple Assault and Battery.
RESULT: DISMISSED on 8/17/11

CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT: Police received a 911 call from the Client requesting police assistance because of a “deranged” female. The Police arrived on scene to find a hysterical female who stated that the Client had strangled her to the point where she lost consciousness. The complaining witness provided a hand-written statement explaining the incident. Based on the complaining witness' statement, an arrest warrant was issued charging the Client with Domestic Assault and Battery.
RESULT: DISMISSED after the Client consented to a civil restraining order on 8/16/11

CHARGE: FELONY EMBEZZLEMENT
POLICE REPORT: Police received a information from a local store that they though an employee was embezzling money. After reviewing security video footage and accounting records, it was determined that over $2,000.00 was short from the Client's cash register over a period of several months. When confronted with the accusation by the Police, the Client admitted to the embezzlement and was charged with Felony Embezzlement of an amount over $100.
RESULT: DISMISSED after the Client successfully completed the Adult Diversion Program on 8/15/11

CHARGES: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT:
The complaining witness reported to a local police department that the night prior her ex-boyfriend had been arguing with her. She told the Police that she had attempted to leave the apartment repeatedly and that the Defendant had physically restrained her from leaving by pushing her, grabbing her face, and pinning her to the ground. The complaining witness alleged that while the Defendant was physically restraining her he was screaming repeatedly in her face. The physical altercation allegedly left bruises on the complaining witness' arms and face. Based on the information provided to the Police, an arrest warrant was issued charging the Defendant with Domestic Assault.
RESULTS: NOT GUILTY AFTER TRIAL on 7/28/11

ABOVE CASE CLIENT TESTIMONIAL: Prior to this case, I had never had even the slightest experience with courts, lawyers, or trials in my entire life. Needless to say, I was very nervous and had an endless list of questions regarding possible outcomes and implications for my case. Matt was the consummate professional through every step of the process, from the arraignment, to the pre-trial conference, to preparing our strategy for trial, to the trial itself. I was extremely nervous about the potential damage that this case could do to me, but Matt was able to dispel my worries, not by simply placating me, but with honest, calm, and concrete words about how the proceedings were likely to unfold. Matt's inside knowledge of how the courts work was invaluable, and my case did, in fact, proceed just as he predicted it would. I never doubted my innocence, but Matt was an indispensible ally in my fight to clear my name. I am extremely thankful that he was on my side.

CHARGES:
(1) POSSESSION WITH INTENT TO DELIVER MARIJUANA
(2) DISTRIBUTION OF A CONTROLLED SUBSTANCE WITHIN A SCHOOL ZONE
(3) CULTIVATION OF MARIJUANA
POLICE REPORT:
A neighbor reported a noise disturbance at an upstairs apartment. Upon approaching the apartment door, the Police detected a strong odor of marijuana emanating from within the apartment. The Police knocked on the door and the Client opened the door in reply. When the door was opened, the Police observed marijuana and evidence of marijuana cultivation in plain view. The Police then entered the apartment and seized two mature marijuana plants, planting material, and other marijuana cultivation tools. The Client was charged with possession with intent to deliver marijuana, distribution of a controlled substance within a school zone, and cultivation of marijuana.
RESULTS:
(1) REDUCED TO SIMPLE POSSESSION OF MARIJUANA
and Filed for 1 year (not a criminal conviction)
(2) DISMISSED
(3) DISMISSED
on 6/14/11

CHARGE: DOMESTIC ASSAULT AND BATTERY (Simple Assault Domestic)
POLICE REPORT:
Police responded to a 911 call with medical personnel to a local residence. Upon their arrival, they observed the alleged victim to have physical injuries including cuts, scrapes, and bruises. The alleged victim described an incident to the police in which the Client, while intoxicated, attacked the alleged victim during an argument. He indicated that the Client began kicking, punching, scratching, and hitting him. Based on the alleged victim's statements to the police and the observations of physical injuries the Client was charged with one count of simple assault of a domestic nature (domestic assault)..
RESULT: DISMISSED AT TRIAL on 5/20/11

CHARGE: DUI (DRIVING UNDER THE INFLUENCE) (First Offense)
POLICE REPORT:
Police observed the Client make a right hand turn at a red light without stopping in the early morning hours in downtown Providence. Police stopped the vehicle and spoke with the operator. While speaking with the Client, the Police observed the Client to have slurred speech, bloodshot watery eyes, and a strong odor of alcohol emanating from his breath. The Client consented to and failed the Horizontal Gaze Nystagmus test, the walk and turn test, and the one leg stand test. The Client then took and failed the preliminary breath test, blowing over the 0.08 legal limit. Police then arrested the client for suspicion of DUI/DWI. At the station, the Police requested that the Client submit to a breathalyzer chemical test to which he agreed. The Client's blood alcohol content readings were over the legal limit of 0.08 and he was charged with Driving Under the Influence (DUI/DWI).
RESULT: REDUCED TO RECKLESS DRIVING, Filed (not a criminal conviction) for 1 year with 45 day loss of license on 5/20/11

ABOVE CASE CLIENT TESTIMONIAL: The relentless efforts Attorney Marin put forth in handling my case were the workings of a true professional. Not only did he keep me up to date throughout the entire process from the day after receiving my DUI until the case was resolved, but he also offered realistic analysis both before and after his hiring. His efforts allowed me to keep my composure mentally and keep a grip on my life before it spiraled out of control. Perhaps most importantly, he produced an end result which gave me something a public defender and many other lawyers can't always provide, a second chance. Don't get me wrong this experience will certainly be used as a wake up call but Matthew allowed me to walk out of the situation with a great deal. - Pat

CHARGE: MISDEMEANOR SHOPLIFTING (First Offense)
POLICE REPORT:
Police responded to a local mall for a report of shoplifting. Upon arrival, the Police discovered that loss prevention had detained the Client after the Client had taken items out of their packaging, concealed them on his person and in his belongings, and passed all points of sale without paying for the items. The Police then arrested and charged the Client with misdemeanor shoplifting (first offense).
RESULT: DISMISSED on 5/17/2011

CHARGE: REFUSAL TO SUBMIT TO A CHEMICAL TEST (Breathalyzer Refusal)
POLICE REPORT:
Police received a call regarding an erratic operator driving "all over the road." The Police responded, located the suspected drunk driver, and stopped his vehicle. Upon speaking with the Client, the Officer detected a strong odor of intoxicating beverage, slurred speed, and bloodshot watery eyes. The Officer requested the Client submit to field sobriety tests which the Client then failed, according to the arresting Officer. The Client was then arrested for suspicion of driving under the influence and he refused to submit to a chemical test when requested at the police station. The police charged the Client with refusal to submit to a chemical test (breathalyzer refusal).
RESULT: NOT GUILTY AFTER TRIAL on 5/12/2011

CHARGES:
(1) POSSESSION OF MARIJUANA (First Offense)
(2) DRIVING IN POSSESSION OF A CONTROLLED SUBSTANCE
POLICE REPORT:
A local resident called 911 to report s suspicious vehicle in a parking lot in the evening. Police responded and approached the vehicle. As the Police approached the vehicle, they observed numerous individuals acting suspiciously. Upon speaking with the operator, the Client, the Police Officer immediately observed a strong odor of freshly burnt marijuana emanating from the interior of the vehicle. All occupants were asked to exit, and during a search of the car the police were able to locate a bag of marijuana on the floor underneath the drivers seat. The Client was charged with simple possession of marijuana (first offense).
RESULTS: ALL CHARGES DISMISSED on 5/10/11

CHARGES:
(1) POSSESSION OF MARIJUANA (First Offense)
(2) TRANSPORTATION OF ALCOHOL BY A MINOR
(3) SPEEDING (21 mph Over the Limit)
POLICE REPORT:
A local police officer was posted on a stationary traffic radar post when the Client's vehicle approached at a high rate of speed measured by radar at 71 mph in a 50 mph zone. The vehicle was stopped and as the Officer approached he noticed small objects being thrown from the passengers side of the vehicle. At the window, the Officer could detect a strong odor of marijuana emanating from inside the vehicle. All occupants were removed from the vehicle and a subsequent search of the vehicle the Officer located marijuana, a bowl with marijuana residue, beer and a bottle of vodka. The Client, who was operating the vehicle, was arrested and charged with simple possession of marijuana and transportation of alcohol by a minor.
RESULTS: DISMISSED on 4/14/11

CHARGES:
(1) DOMESTIC ASSAULT AND BATTERY (Simple Assault Domestic)
(2) DOMESTIC DISORDERLY CONDUCT
(3) DOMESTIC REFUSAL TO RELINQUISH A TELEPHONE
(4) DOMESTIC REFUSAL TO RELINQUISH A TELEPHONE
(5) DOMESTIC VANDALISM
POLICE REPORT:
The alleged victim responded to the local police department and made a complaint against her husband, the Client, alleging that he had physically assaulted her by hitting, punching, and kicking her. She further alleged that the Client had slammed her head on the granite counter-top and spit in her face. She told the police that at that point she had attempted to call the police and the Client had taken her phone and the house phone and smashed both of them. Based on the statements of the alleged victim, the Client was charged with five counts including domestic assault, domestic disorderly conduct, two counts of domestic refusal to relinquish a telephone, and domestic vandalism.
RESULTS:
(1) NOT GUILTY AFTER TRIAL
(2) NOT GUILTY AFTER TRIAL
(3) NOT GUILTY AFTER TRIAL
(4) DISMISSED AFTER TRIAL
(5) AMENDED TO NON-DOMESTIC VANDALISM
, case filed for one-year (not a criminal conviction) on 3/29/11

CHARGE: DOMESTIC ASSAULT
POLICE REPORT:
The Client and his girlfriend had both been drinking at a local establishment. The two were seated in the Client's vehicle in the parking lot. At that point, the Client's girlfriend became belligerent yelling, screaming, slapping and hitting the Client. The Client pushed back defending himself. Onlookers realized a physical altercation was taking place and called 911. The Police arrived and the Client was outside of the vehicle and visibly intoxicated. After speaking with both parties involved, the Police arrested the Client charging him with Domestic Assault and Battery.
RESULTS: DISMISSED on 3/25/11

CHARGES:
(1) SIMPLE ASSAULT
(2) DISORDERLY CONDUCT
POLICE REPORT:
A large crowd gathered around a woman who appeared to be assaulting a young boy. The crowd began yelling at the woman, screaming at her to stop hurting the child. Allegedly, the Client was part of this large group. According to a witness who was across the street, the Client walked up to the woman and punched her in the head causing her to fall to the ground where the crowd began assaulting her. The witness standing across the street notified the police who arrived and, based on the witness' statement, arrested the Client charging her with simple assault and disorderly conduct.
RESULTS:
(1) DISMISSED
(2) DISMISSED
on 3/22/11

CHARGES:
(1) DOMESTIC ASSAULT
(2) DOMESTIC VANDALISM
POLICE REPORT:
Police were dispatched to a Shell Gas Station parking lot for a report of a domestic disturbance. Upon arrival, the police spoke with the alleged Victim who explained that she had been in a physical altercation and that the Client had allegedly punched her in the mouth and bit her on her forearm. The police observed the Victim to have a fat lip and a bite mark on her right forearm. The Victim went on to state that the Client had smashed her front windshield and damaged the interior of the passenger side doors. Police corroborated the damage to the vehicle. The police placed the Client into custody charging her with domestic assault and domestic vandalism.
RESULTS:
(1) DISMISSED
(2) DISMISSED
on 3/9/11

CHARGES:
(1) DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI - BAC UNKNOWN)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (BREATHALYZER REFUSAL)
POLICE REPORT:
Police received a call regarding a single car accident with a vehicle in a snow bank. Upon arrival, the Police found the Client in the snow bank throwing up. The Police observed the initial indications of intoxication and asked the Client perform standardized field sobriety tests, which the Client failed. The Client was then transported to a local hospital where the Police requested the Client submit to a blood test for the presence of alcohol or drugs. The Client refused and was charged with both driving under the influence and refusal to submit to a chemical test.
RESULTS:
(1) REDUCED TO RECKLESS DRIVING, Filed (not a criminal conviction) for 1 year with a 30 day loss of license
(2) DISMISSED
on 2/25/11

CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT:
The Police were called when neighbors heard a loud verbal argument occurring at the Defendant's apartment. When the Police arrived the alleged Victim was the only individual present. The alleged Victim told the Police that the Defendant had began arguing with her about text messages from another man. According to the Victim, the Defendant then took her phone and physically assaulted her by striking her in the face. Based on the Victim's written witness statement, the Police arrested the Defendant for Domestic Assault and Battery.
RESULT: DISMISSED on 2/22/11

CHARGE: DOMESTIC ASSAULT AND BATTERY
POLICE REPORT:
The Client, a local Providence college student, was walking home from a local bar with her boyfriend after both had been drinking. The Client slipped on ice and fell hurting herself. The Client's boyfriend began laughing at her, enraging her. According to the alleged Victim, the Client then got up and attacked the Victim, scratching him in the neck. In an effort to calm the Client down, the alleged Victim called the Police. When the Police arrived, they witnessed the injuries to the alleged Victim's neck and arrested the Client, charging her with domestic assault and battery.
RESULT: DISMISSED on 2/7/11

CHARGES: DRIVING UNDER THE INFLUENCE OF ALCOHOL (DUI - BAC OVER 0.15)
POLICE REPORT:
The Client, a local college sophomore, was driving home from a house party in the early morning hours. He lost control of the vehicle, striking a parked car and coming to a stop in the street. The Police and EMT's arrived. The Client was treated my medical personnel and transported to police headquarters. At the Police Station, the Officers requested the Defendant submit to a chemical test. The Client consented and submitted to the breathalyzer resulting in blood alochol content readings of 0.28, nearly four times the legal limit. The Client was charged with Driving Under the Influence, BAC over 0.15.
RESULTS: CHARGE AMENDED TO RECKLESS DRIVING and FILED FOR ONE-YEAR (NON-CRIMINAL CONVICTION) with a 30 DAY LOSS OF LICENSE on 2/1/11

CHARGE: OBSTRUCTION OF A POLICE OFFICER
POLICE REPORT:
The Client was a passenger in a vehicle. Both the Client and the driver were minors and they were transporting alcohol to a party. A local Police Officer attempted to pull the vehicle over. Instead of pulling the vehicle over, the driver turned quickly into a driveway and parked. Both the driver and the Client then fled the vehicle on foot while ignoring the Officer's verbal commands to halt. Eventually the Client was apprehended and charged with Obstructing a Police Officer in the execution of his official duties.
RESULT: DISMISSED on 1/28/11

CHARGES:
(1) DOMESTIC ASSAULT AND BATTERY
(2) DOMESTIC DISORDERLY CONDUCT
POLICE REPORT:
The alleged Victim responded to the Police Department in the early morning hours claiming that her husband had physically and verbally assaulted her. The alleged Victim told the Police, in the form of a written witness statement, that her husband had become verbally abusive earlier in the night after the two had been out drinking. Once the two had arrived home, the Victim alleged that her husband had began screaming at her and physically assaulting her by kicking her while the two were in bed. The Victim alleged that the physical assault intensified until she was able to break free and head to the Police Department. Based on the alleged Victim's written witness statement, the Police arrested the Client and charged him with domestic assault and battery and domestic disorderly conduct.
RESULTS:
(1) DISMISSED
(2) DISMISSED
on 1/20/11

CHARGES:
(1) DOMESTIC DISORDERLY CONDUCT
(2) DOMESTIC VIOLATION OF A NO CONTACT ORDER
(3) VIOLATION OF FILING ON A DOMESTIC ASSAULT CHARGE
POLICE REPORT:
The Client had plead nolo contendre to the charge of domestic assault and battery on a prior case. As a result of that case, the Judge had issued a no contact order between the Client and the alleged victim. Sometime after the resolution of that case, the alleged Victim once again called the Police. When the Police arrived at the scene, the alleged Victim informed the Police that the Client had been yelling and screaming profanities at her moments earlier. When the Police ran the Client's name they became aware that there was an active no contact order between the Client and the alleged Victim. Based on the alleged Victim's written witness statement to the Police, the Police arrested the Client and charged him with domestic disorderly conduct and domestic assault and battery. When the Client was arraigned in Court on these charges, the Attorney General's Office filed a 32F violation of the Client's prior filing.
RESULTS:
(1) DISMISSED AT TRIAL
(2) DISMISSED AT TRIAL
(3) VIOLATION WITHDRAWN AT TRIAL
on 1/13/11

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Rhode Island DUI Lawyer Matthew Marin defends those charged with DUI (Drunk Driving, DWI, OUI, DUI Drugs) and Refusal to Submit to a Chemical Test (Breathalyzer Refusal) throughout Rhode Island, including the following cities and towns: Barrington, Bristol, Burrillville, Coventry, Cranston, East Providence,Glocester, Jamestown, Johnston, Middletown, Narragansett, Newport, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Smithfield, South Kingstown, Warren,Warwick, Westerly, West Warwick, Woonsocket. If you have been arrested in Rhode Island for DUI (Drunk Driving), call immediately to speak with a RI DUI Lawyer and schedule a free initial consultation and case evaluation with an experienced Rhode Island DUI Lawyer. RI DUI Lawyer Marin is available 24/7 at (401) 228-8271.

Attorney Marin Named A Super Lawyers Rising Star Four Consecutive Years 2014-2017

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 4 consecutive years from 2014 thru 2017. 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