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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

CHARGES: 
(1) SECOND OFFENSE DUI (BAC UNKNOWN)
(2) SECOND OFFENSE REFUSAL TO SUBMIT TO A CHEMICAL TEST

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

Matthew Marin

My name is Attorney Matthew Marin. I have dedicated my career to defending those charged with criminal offenses throughout Rhode Island. If you have been arrested or are under investigation for a criminal offense, we understand that are likely in an unfamiliar situation that can be extremely intimidating and even paralyzing. You may feel as if you do not know where to turn or who to ask for help. Fortunately, you have come to the right place to begin your search for answers and a successful resolution to your situation. We have extensive experience assisting thousands of clients facing drunk driving charges, domestic violence charges, and drug charges throughout Rhode Island.

Attorney Marin Named A SuperLawyer for Seven Consecutive Years 2014-2020

Attorney Matthew Marin has been named a Rhode Island SuperLawyer for 7 consecutive years from 2014 thru 2020. 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 Marin and 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.