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Rhode Island DUI Charges Reduced to Reckless Driving in Washington County

Posted by Matthew Marin | May 11, 2014 | 0 Comments

Attorney Matthew Marin is pleased to announce a successful outcome for a client facing Rhode Island DUI charge in Washington County.  The Client had been charged with DUI (BAC Over 0.15) for an incident involving a single car accident in February of 2014.  According to the Police, the Client's vehicle had gone off the road and was stuck in a snow bank when they arrived after receiving a call for a disabled vehicle.  Upon arriving at the scene, the Police allegedly detected the signs of impairment consistent with drunk drivings and conducted roadside standardized field sobriety testing, which in their opinion the Client failed.  The Client was subsequently arrested and at the police station submitted to breathalzyer testing.  The results of the Client's breathalzyer test indicated his blood alcohol content (BAC) to be over 0.15, leading to potentially enhanced sanctions if convicted.

Defense Argument: Failure to Properly Advise DUI Rights and Failure to Conduct Proper Administration of the Intoxilyzer 5000

After reviewing all the evidence in the case, Attorney Marin was able to identify issues in the advisement of the Client's DUI rights and issues regarding the Police administration of the breathalzyer instrument.  A motion to suppress the breath test results was filed and a memorandum also submitted.  The key finding by Attorney Marin was a discrepancy between the sequence of events at the Police station as depicted in the Police Officer's narrative and as depicted in the station video obtained by the Defense.  After review of all the evidence, the Prosecution today acknowledged potential defects in their case and agreed to reduce the charge from DUI (BAC Over 0.15) to the charge of Reckless Driving.

Favorable Sentence Negotiated Including NO LOSS OF LICENSE

With the amendment to the charge of Reckless Driving, Attorney Marin was able negotiate the resolution of the case by way of a one year Filing (stay out of trouble for one year), NO LOSS OF LICENSE, and court costs.  This case will be eligible to be removed from the Client's record in one year and for that one year period does not constitute a "criminal conviction" under Rhode Island law.  Because the charge was amended to Reckless Driving, none of the mandatory DUI penalties were imposed.  Those mandatory penalties include over $1,000 in fines and assessments, community service, DUI school, license suspension, the payment of a license reinstatement feel, and SR-22 insurance.  All the Client has to do is stay out of trouble and pay less than $100 in court costs.
The Law Offices of Matthew T. Marin, Esquire, Inc. 
 If you or a loved one has been charged with a DUI charge in Rhode Island, you need to immediately call Attorney Matthew Marin for skilled and aggressive DUI defense representation.  We will begin working immediately to ensure that your rights are protected and that you can put the best defense possible forward.  Attorney Marin is available 24/7 to discuss your case and to schedule a no fee, confidential consultation at one of our convenient office locations.  Contact us today by phone at 401-228-8271 or email at [email protected], or fill out the contact form on our Website.

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.