CHARGE: FIRST OFFENSE DUI (BAC GREATER THAN 0.15)
POLICE REPORT: Our Client had been stopped for speeding in Westerly, RI. The Police were suspicious that he might have been driving under the influence. The Client was asked to perform standardized field sobriety tests to which there were mixed results. The Police then asked the Client to submit to a preliminary breath test which he agreed to take. The results of the preliminary breath test indicated his blood alcohol content was greater than 0.15. Our Client was arrested and, at the Police Station, he submitted to a breath chemical test which resulted in BAC readings greater than 0.15. As the case proceeded to Court, we began a series of plea negotiations and the filing of a series of defense motions. During our review of the evidence, we were able to point out to the Prosecution that the Police failed to follow proper protocol in the administration of the breath test. At trial, this failure to follow protocol would have rendered the chemical breath test inadmissible. We were then able to negotiate a plea deal that resulted in a reduction of the DUI charge to reckless driving. Based on that reduction, were able to avoid a criminal DUI conviction and thousands of dollars in fines and fees for our Client.
RESULT: DUI CHARGE REDUCED TO RECKLESS DRIVING and the case was Filed for One Year and the Client was ordered to complete an Alcohol Assessment, 20 Hours of Community Service, make a $250 Charitable Contribution, and suffer no loss of his Drivers License and pay court costs on January 19th, 2018
CHARGE: FIRST OFFENSE DUI (BAC BETWEEN 0.10 AND 0.15)
POLICE REPORT: Our Client had been arrested breaking down in a rural neighborhood in a small Rhode Island town. Eventually, the Police were called formed the opinion that our Client had been driving under the influence. He was arrested and taken to the local Police Station where he submitted to a chemical breath test resulting in readings of 0.113 and 0.113. Although our Client had a number of prior offenses in neighboring states, he was charged with a first offense DUI with breath test readings between 0.10 and 0.15. Our Client was facing a seven year license suspension if convicted of the first offense DUI charge from his home state licensing authority. Once the case proceeded to Court, we requested that the case be tried in by a jury and the case was transferred to the Providence Superior Court. Once in the Superior Court, plea negotiations continued for over a year. The case was passed for trial and the Defense filed nearly a dozen pre-trial motions including motions arguing an illegal arrest and motions to exclude the breath test evidence. After reviewing the Defense motions, further plea negotiations a few days prior to the start of trial resulted in a reduction of the DUI charge to that of reckless driving. We were able to avoid a criminal DUI conviction and thousands of dollars in fines and fees.
RESULT: DUI CHARGE REDUCED TO RECKLESS DRIVINGand the Client was sentenced to one year probation, alcohol counseling, one year license suspension with a conditional hardship license to get to work, followed by a one year period of driving with the ignition interlock device and court costs onJanuary 8th, 2018