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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, or email us at [email protected].

About the Author

Matthew Marin

Attorney Matthew T. Marin is a highly skilled criminal defense lawyer with an outstanding track record in Rhode Island and Massachusetts. With expertise in DUI/DWI, drug offenses, domestic violence, and white-collar crimes, he is dedicated to providing personalized and effective representation for his clients. A "Rising Star" by Super Lawyers and a member of the National College for DUI Defense and the National Trial Lawyers Top 100, Attorney Marin is committed to staying current with the latest legal developments and giving back to his community through pro bono work.


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Attorney Marin Named A SuperLawyer for Ten Consecutive Years 2014-2023

Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 10 consecutive years from 2014 thru 2023. 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 Members of the National College for DUI Defense

Attorneys Matthew Marin and Kensley Barrett are both Rhode Island General Members 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.