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