2016 Rhode Island Drunk Driving Defense Victories

CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC 0.10 to 0.15)
POLICE REPORT: The Client had been stopped by a local police department and charged with driving under the influence after his vehicle had been observed allegedly speeding.  After his arrest, the Client submitted to chemical breath testing at the Police Station resulting in breath test readings in excess of 0.10.  Through extensive pre-trial discovery we were able to uncover significant legal issues in the prosecutions case.  Those issues included improper "clocking" of the Client's vehicle to pull him over for speeding, failing to provide him with a secure and confidential phone call as required by statute, and failing to conduct a proper 15 minute observation period prior to administration of the chemical breath test.  The Prosecution acknowledged these deficiencies in their case against our Client, and agreed to reduce the charge from that of drunk driving to reckless driving.
RESULT: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with no loss of license, a $250 charitable contribution, and court costs on December 7th, 2016

CHARGES:
(1) FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC UNKNOWN)
(2) REFUSAL TO SUBMIT TO A CHEMICAL TEST (FIRST OFFENSE) 
(3) LEAVING THE SCENE OF AN ACCIDENT
POLICE REPORT:  The Police received a 911 report of an accident in Providence in which one driver had fled the scene of the accident.  The Police were able to identify the suspect vehicle and track down the owner of the vehicle to his home.  Once they encountered the alleged operator, our Client, the Police formed the opinion based on their observations that he was under the influence of alcohol and could not safely operate a motor vehicle.  The Client was arrested and taken to the Police Station.  At the Station, the Police alleged that he refused to submit to a chemical test at the request of the arresting officer.  The Client was then charged with Driving Under the Influence, Refusal to Submit to a Chemical Test, and Leaving the Scene of an Accident.
RESULT:
(1) DISMISSED
(2) DISMISSED
(3) LEAVING THE SCENE OF AN ACCIDENT CHARGE FILED FOR ONE YEAR (not a criminal conviction) with a ninety day of license and a substance abuse assessment on October 12th, 2016

CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC 0.08 to 0.10)
POLICE REPORT:  The Police allegedly observed a motor vehicle speeding just after midnight, going 81 in a 55 mph zone, and began following the suspect vehicle. They further observed the vehicle leave the lane of travel a few times so they initiated a motor vehicle stop and spoke with the operator, our Client.  In speaking with our Client, they indicated that they observed a strong odor of alcohol, bloodshot eyes, and low and mumbled speech.  They requested that he exit the vehicle and perform standardized field sobriety tests which, in the Officer's opinion, the Client could not successfully complete.  He was arrested on suspicion of driving under the influence and taken to the Police Station where he consented to a chemical breath test (breathalyzer).  The two breath test samples taken indicated that his blood alcohol content (BAC) was over the legal limit of 0.08.  He was then charged with first offense drunk driving with a blood alcohol content between 0.08 and 0.10.
RESULT: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a ninety day of license, a $500 fine, and substance abuse counseling on October 4th, 2016

CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC 0.08 to 0.10)
POLICE REPORT:  The Police allegedly observed a motor vehicle speeding just after midnight and began following the suspect vehicle. They indicated that they further observed the vehicle leave the lane of travel four times; two times by going over the white fog line and two times by going over the double yellow lines.  The initiated a motor vehicle stop and spoke with the operator, our Client.  In speaking with our Client, they indicated that they observed a strong odor of alcohol, bloodshot eyes, and low and mumbled speech.  They requested that he exit the vehicle and perform standardized field sobriety tests which, in the Officer's opinion, the Client could not successfully complete.  He was arrested on suspicion of driving under the influence and taken to the Police Station where he consented to a chemical breath test (breathalyzer).  The two breath test samples taken indicated that his blood alcohol content (BAC) was over the legal limit of 0.08.  He was then charged with first offense drunk driving with a blood alcohol content between 0.08 and 0.10.
RESULT: DRIVING UNDER THE INFLUENCE CHARGE REDUCED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a forty five day of license on September 21st, 2016

CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC GREATER THAN 0.15)
POLICE REPORT: The Police responded to a report of a single car motor vehicle accident after 2 am.  Upon arriving at the scene, they allegedly observed our Client sitting in the driver seat of a pickup truck with a bump on his head and blood/vomit on his t-shirt.  The tree had left the roadway and struck a tree.  The Police observed a moderate odor of alcohol coming from the Client and also observed several empty beer cans in the vehicle.  They asked the Client to exit his vehicle and submit to standardized field sobriety testing.  In the Officer's opinion, the Client did not successfully complete the field sobriety tests and he was arrested on suspicion of driving under the influence.  At the Barracks, the Client submitted to chemical breath testings and the results indicated that his blood alcohol content was greater than 0.15.
RESULT: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with no loss of license on August 31st, 2016

CHARGE: SECOND OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC GREATER THAN 0.15)
POLICE REPORT: Local Police were dispatched to a report of a woman yelling in a neighborhood from her vehicle. The vehicle was described to the Police and the Police began searching for the vehicle.  The Police identified a similar vehicle a few blocks away and followed the vehicle.  The suspect vehicle pulled into a local restaurant and parked.  The Police activated their lights and sirens and approached the vehicle.  They formed the opinion that the operator, our Client, was under the influence of alcohol.  The Client was arrested and transported to the Police Station where she submitted to a chemical breath test.  The results of that test indicated that the Client's blood alcohol content was greater that 0.15.  They were charged with Driving Under the Influence Second Offense with a BAC Greater than 0.15 (mandatory minimum six month jail sentence).  
RESULT: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING and placed on probation for one year with one year of driving with an ignition interlock device on August 24th, 2016

CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC BETWEEN 0.10 AND 0.15)
POLICE REPORT:  The Police on routine patrol observed a vehicle traveling at a high rate of speed and obtained a radar speed of 75 mph in a 50 mph zone.  The Office conducted a motor vehicle stop of the suspect vehicle and spoke to the operator, our Client.  Upon speaking with the Client, the Police allegedly observed the Client to have bloodshot and watery eyes and a strong odor of an alcoholic beverage emanating from his breath.  They asked him to submit to several standardized field sobriety tests which in the Officer's opinion he did not successfully complete.  The Client then consented to a preliminary breath test which resulted in a blood alcohol content reading of 0.143.  The Client was arrested and transported to the local police station where he consented to a chemical breath test.  The results of the chemical breath test indicated that the Client's blood alcohol content was between 0.10 and 0.15.  The BAC readings were 0.134 and 0.129.  He was then charged with misdemeanor first offense driving under the influence with a blood alcohol concentration between 0.10 and 0.15.
RESULT: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a forty five day loss of license on June 27th, 2016

CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC GREATER THAN 0.15) 
RESULT: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING and placed on probation for one year with no loss of license on May 31st, 2016

CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE OF ALCOHOL (BAC GREATER THAN 0.15)
RESULT: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING the case filed for one year (not a criminal conviction) with a forty five day loss of license on January 19th, 2016