2014 Rhode Island Drunk Driving Defense Victories

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC Greater than 0.15)
POLICE REPORT: The Police observed the Client speeding and drifting over the centerline late at night. They conducted a motor vehicle stop and observed, in their opinion, that the Client was exhibiting the typical signs of impairment; strong odor of alcohol, slurred speech, bloodshot watery eyes. They requested she submit to standardized field sobriety tests which, in the Officer's opinion, the Client failed. She was arrested and taken to the Police station where she submitted to a chemical breath test yielding results of 0.18 blood alcohol content.
RESULT: DRUNK DRIVING CHARGE AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a six month of license on 9/22/14

CHARGES:
(1) DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC Unknown)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (Second Offenes)
POLICE REPORT: The Police received a 911 call for a potentially intoxicated individual leaving a local convenience store. The Police were able to locate the suspect and pull him over after they observed the vehicle commit several motor vehicle violations. The Client was asked to submit to standardized field sobriety tests which, in the Officer's opinion, he failed. The Client was arrested and taken to the Police station where he refused to submit to a chemical test. He was charged with first offense drunk driving and second offense refusal to submit to a chemical test because he was previously convicted of a chemical test refusal within the previous five years.
RESULTS:
(1) DRUNK DRIVING CHARGE AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a six month of license on 9/8/14
(2) REFUSAL CHARGE DISMISSED

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC Greater than 0.15)
POLICE REPORT: The Police received a 911 call for an erratic operator who was all over the road in a local town. The Police were able to locate the vehicle and witnessed it commit several motor vehicle infractions. After stopping the car, they requested the Client submit to standardized field sobriety testing and, in their opinion, she failed to adequately perform those tests. The Client was arrested and taken to the Police station where she submitted to a chemical breath test yielding results of 0.25 blood alcohol content.
RESULT: DRUNK DRIVING CHARGE AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a 30 day of license on 8/26/14

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC 0.10 to 0.15)
POLICE REPORT: The Police were on routine patrol for intoxicated operators after 1 am on a Saturday night. They witnessed someone from a vehicle infront of them screaming out the window at pedestrians. They believed that they identified that vechile and witnessed it commit several motor vehicle infractions including crossing over the double yellow lines. They effectuated a stop of the vehicle and spoke to the operator, the Client, who they beleived to be under the influence of alcohol. After standarized field sobriety tests were performed, the Client was arrested and taken to the Police Station. At the station, the Client submitted to a breathalzyer which resuled in readings of 0.10 and 0.097. The Client was then charged with driving under the influence (BAC 0.10 to 0.15).
RESULT: DRUNK DRIVING CHARGE AMENDED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a 90 day of license on 7/11/14

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC OVER 0.15)
POLICE REPORT: The Police were dispatched to a report of a vehicle of the roadway and stuck in a snow bank. When the Police arrived they witnessed an individual running out of the woods towards them. When they spoke to the individual he indicated that he had been driving and had slid on some snow and ice and run off the roadway. The Police observed the Client allegedly slurring his words and smelled a strong odor of alcohol emanating from his breath as he spoke. He submitted to standardized field sobriety tests which in the opinion of the police he failed. The Client was placed under arrest and taken to the police station where he submitted to a breathalyzer with test results of 0.16. The Client was charged with drunk driving (BAC Over 0.15), first offense.
RESULT: DRUNK DRIVING CHARGE AMENDED TO RECKLESS DRIVING the case filed for one year with no loss of license on 5/12/14

CHARGE: SECOND OFFENSE DRIVING UNDER THE INFLUENCE OF DRUGS (PRESCRIPTION DRUGS)
POLICE REPORT: The Police observed the Client operating on a local roadway. While behind the Client, they observed allegedly swerving wildly within his lane and into oncoming traffic. The Police conducted a motor vehicle stop and requested the Client submit to standardized field sobriety tests. According to the Officers, he failed the field sobriety tests. The Client submitted to a breath test on the scene resulting in a blood alcohol content of 0.03, well below the legal limit. The Client was then arrested on suspicion of driving under the influence of drugs. He made admissions to consuming prescription drugs and submitted to a blood test at a local hospital. The blood tests results indicated that the Defendant had significant levels of prescription drugs in his system at the time of the test. The Client was charged with second offense drunk driving (driving under the influence of drugs).
RESULT: SECOND OFFENSE DRUNK DRIVING REDUCED TO RECKLESS DRIVING on the day of trial and the case Filed for one year with no loss of license on 4/22/14

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC BETWEEN 0.10 to 0.15)
POLICE REPORT: The Police observed the Client operating on a local roadway. While behind the Client, they observed his vehicle to drift over the double yellow center lines and correct by drifting into the breakdown lane. The Police initiated a motor vehicle stop and spoke with the Client. While speaking with the Client, they observed his eyes to be bloodshot and watery and a strong odor of alcohol to be emanating from his breath. He submitted to standardized field sobriety testing which, in the opinion of the police officers, he failed. The Client was placed under arrest and at the Police station he submitted to a breathalyzer. The results of the breathalyzer indicated that his blood alcohol content was 0.10. He was charged with drunk driving (BAC between 0.10 and 0.15), first offense.
RESULT: DRUNK DRIVING CHARGE DISMISSED with no fines or penalties on 4/10/14

CHARGES:

(1) DRIVING UNDER THE INFLUENCE (BAC UNKNOWN)

(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST
POLICE REPORT: The Police received a 911 call reporting an erratic operator. The Police arrived on the scene of stopped motor vehicle and observed the Client to be behind the wheel. In speaking with the Client, they witnessed signs that indicated that the Client was under the influence of alcohol or drugs. In attempting the submit to the standardized field sobriety testing, the tests were terminated as the Police believed that the Client was going to injure herself by taking the test. The Client was arrested on suspicion of driving under the influence of alcohol and/or drugs. At the Police Station, the Client was asked to submit to a chemical test which she allegedly refused. Based on that information, the Client was charged with driving under the influence (BAC unknown) and refusal to submit to a chemical test.
RESULTS: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING AND REFUSAL CHARGE DISMISSED, Reckless Driving charge Filed for one year with a 90 day loss of license on 3/27/14

CHARGE: DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC OVER 0.15)
POLICE REPORT: Police were on routine patrol when the came upon a vehicle stopped in the lane of travel on a local road. The Police investigated and located the Client passed out over the steering wheel with the car running. After exiting, the Client allegedly failed the standarized field sobriety tests and was arrested. Back at the Police Station, the Client submitted to a chemical breath test which resulted in breathalyzer readings of over 0.15. The Client was charged with drunk driving (BAC Over 0.15), First Offense.
RESULT: DRUNK DRIVING CHARGE AMENDED TO RECKLESS DRIVING on the day of trial and the case filed for one year with no loss of license on 3/26/14