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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:

About the Author

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.


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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.