Drunk Driving Charge Reduced to Reckless Driving in the Providence County District Court 1/9/17
CHARGE: FIRST OFFENSE DRIVING UNDER THE INFLUENCE (BAC Greater than 0.15)
At the Law Offices of Matthew T. Marin, Esq., Inc., we are extremely pleased to announce that drunk driving charges pending against a Client have been have been reduced to reckless driving in the Providence County District Court. The Client had been arrested after the Police responded to a report of a motor vehicle that had become lodged and stuck on the railroad tracks. Upon their arrival on the scene, they observed a vehicle stuck 75 to 100 feet up the railroad tracks. They spoke to the Client, who admitted to driving the vehicle and getting it stuck on the train tracks. He told the Police that he had been at a bar with friends and had consumed alcohol. After completing their investigation, the Client was arrested and charged with drunk driving. At the Police Station, he submitted to chemical breath testing at the Police Station resulting in breath test readings of 0.24 and 0.25, over three times the legal limit.
Through extensive pre-trial discovery we were able to uncover significant legal issues in the prosecutions case. Those issues included errors during the Police investigation that would have caused the prosecution problems admitting the Client's statements into evidence due to a lack of Miranda warnings and, as a result, problems proving that the Client operated the vehicle. The Prosecution acknowledged these deficiencies in their case against our Client, and agreed to reduce the charge from that of DUI to reckless driving.
The Client was sentenced to a one year filing (stay out of trouble, no arrests and automatic expungement after one year), a forty-five day loss of license, completion of alcohol counseling, and court costs. If you or a loved one is facing a first offense drunk driving charge in Rhode Island, give Attorney Matthew Marin a call for immediate and experienced legal advice and representation.
RESULT: FIRST OFFENSE DUI CHARGE REDUCED TO RECKLESS DRIVING resulting in one year filing with a forty-five day loss of license, completion of alcohol counseling, and court costs on January 9th, 2017
Practice area(s): DUI / DWI