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RHODE ISLAND CRIMINAL DEFENSE BLOG

Attorney Marin Announces Successful Appellate Ruling in Rhode Island Chemical Test Refusal Case

Posted by Matthew Marin | Aug 10, 2017 | 0 Comments

We are pleased to announce a successful ruling made in the appeal of a chemical test refusal conviction on behalf of one of our Clients. Our Client had been charged with a chemical test refusal by the Burrillville Police Department in October of 2013. The case proceeded to trial at the Rhode Island Traffic Tribunal. At trial, we vigiously argued that our Client had been unlawfully arrested without probable cause and the evidence used against him should have been excluded from introduction into evidence because it was obtained in violation of his statutory and constitutional rights. 

In August of 2017, at the second appellate level the Court has agreed with our arguments and issued a ruling that our Client was unlawfully arrested without probable cause. Moreover, the Court today ruled that the evidence obtained in violation of his constitutional rights should be suppressed and excluded from introduction into evidence. 

In a broader context, the ruling is extremely important. Magistrate Ippolito's ruling now means that in the prosecution of all chemical test refusal cases at the Rhode Island Traffic Tribunal, evidence obtained in violation of a Motorist's constitutional rights should be excluded from introduction into evidence. This is a major change. The typical understanding and rationale of most Traffic Tribunal Judges and Magistrates was that the exclusionary rule did not apply to civil traffic violations. The decision today reverses that thinking.

To read the decision of the Sixth Division District Court, follow this link: https://www.courts.ri.gov/Courts/districtcourt/DistrictDecisions/16-45.pdf

About the Author

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.

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Attorney Marin Named A Super Lawyers Rising Star Four Consecutive Years 2014-2017

Attorney Matthew Marin was named a Rhode Island Rising Star by Super Lawyers for 4 consecutive years from 2014 thru 2017. 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 Member of the National College for DUI Defense

Attorney Marin is a Rhode Island General Member 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.