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Recent Criminal Case Victories

2nd Offense DUI Charge Dismissed After Plea to Chemical Test Refusal in Providence County Superior Court 10/22/2020

October 2020


Attorney Matthew Marin at Marin & Barrett, Inc. is pleased to report a great outcome for a client charged with both second offense DUI and second offense chemical test refusal in Rhode Island.  In early 2020, our Client was stopped by a local police officer after failing to fully stop at a stop sign.  Once the Officer approached the vehicle, he indicated that he smelled alcohol on his breath and our client admitted that he had been drinking earlier in the evening.  After failing a series of standardized field sobriety tests, the client was arrested for suspicion of driving under the influence.  Once at the station, he refused to submit to a breathalyzer test and was charged with second offense driving under the influence and second offense chemical test refusal.

After being hired to defend the case, we began gathering evidence to put a defense together.  During the discovery phase of the case, it became clear that based on prevailing case law the State could not legally prosecute our Client with a second offense DUI charge.  Rhode Island DUI law requires that a prior conviction be within the past 5 years and recent case law now requires both convictions to be within a five year period.  The second offense DUI charge that our Client was facing carried a mandatory minimum jail sentence of 10 days (up to one year) lengthy license suspension, hundreds of dollars of fines, mandatory community service, driver retraining, and heavy costs and fees, our Client managed to resolve the case while avoiding a DUI conviction.  We were able to negotiate a plea to the chemical test refusal charge in exchange for the dismissal of the second offense DUI charge.  If you or a loved one is facing a first offense DUI charge in Rhode Island, give Attorney Matthew Marin at Marin and Barrett, Inc. a call for immediate and experienced legal advice and representation.

RESULT: SECOND OFFENSE DUI CHARGE DISMISSED IN EXCHANGE FOR A PLEA TO A SECOND OFFENSE CHEMICAL TEST REFUSAL CHARGE resulting in a six months probation, a $600 fine, 60 hours of community service, a sixty day loss of license followed by two years of driving with an ignition interlock device but NO JAIL SENTENCE on October 22nd, 2020

Practice area(s): Criminal Defense, DUI / DWI

Court: Providence County Superior Court

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.

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.