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RHODE ISLAND CRIMINAL DEFENSE BLOG

DUI Charges Lowered to Reckless Driving in the Kent County District Court

Posted by Matthew Marin | Mar 27, 2014 | 0 Comments

Earlier this week, a Client facing a Rhode Island DUI charge with BAC Over 0.15 had his charge reduced on the day of trial.  The First Offense DUI charge was reduced to Reckless Driving.  Instead of facing the mandatory penalties required by Rhode Island's DUI laws (including a 3 to 12 month loss of license and thousands of dollars in fines and a mandatory criminal conviction), the Client was sentenced to a Filing (stay out of trouble for one year, not a criminal conviction), no loss of license and thirty hours of community service.

The case involved a motorist who was passed out behind the wheel on a local street.  The Police observed him to be severely intoxicated, noting bloodshot, watery eyes and slurred speech.  They also observed a strong odor of alcohol emanating from the Client while he performed, and failed, the field sobriety tests.  Back at the police station, the Client submitted to a breathalyzer which rendered readings over 0.15, more than two times the legal limit.

Attorney Matthew Marin was able to successfully argue in pre-trial negotiations that the State would be unable to prove, beyond a reasonable doubt, that the Client operated a motor vehicle while under the influence of alcohol in violation of Rhode Island's DUI statute.  Relying on Rhode Island Supreme Court case law, including State v. Capuano and State v. Lusi, the State agreed to reduce the charges on the day of trialand offered a disposition that included no loss of drivers license and would not result in a criminal conviction.

If you are facing a First Offense Drunk Driving Charge in Rhode Island, contact Attorney Matthew Marin today for a free, confidential consultation.  Attorney Marin is an experienced, aggressive, and skilled Rhode Island DUI Defense Attorney who knows Rhode Island DUI Law and the defenses that may be available to you in your case.  As a General Member of the National College for DUI Defense, Attorney Marin is constantly apprised all of the latest DUI related defenses that he can put to work for you.  Contact us 24/7 at 401-228-8271, visit our website at https://www.matthewtmarin.com/, or email us at [email protected].

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 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.