DUI Charge Reduced to Reckless Driving in Kent County District Court 9/9/2020
CHARGE: FIRST OFFENSE DUI (BAC 0.08 to 0.10)
Attorney Matthew Marin at Marin & Barrett, Inc. is pleased to report a great outcome for a client accused of DUI in Rhode Island. In February 2020, our Client was stopped by a local Police Officer for traveling allegedly crossing over the double yellow lines (laned roadway violation). Once the Client was stopped, the Officer indicated that 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, the took a breathalyzer test and which registered results indicating that her blood alcohol concentration was above the legal limit between 0.08 and 0.10.
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 apparent that the Client's breath test results were extremely close to the legal limit of 0.08. Using our expertise and prior knowledge of the science behind breath testing, we were able to put together a strong argument that the margin of error for the breath test along with the margin of error involved in breath to blood alcohol conversion called into question whether our Client was, in-fact, over the legal limit at the time he was operating. After several pretrial conferences, the Prosecution agreed to reduce the DUI charge to reckless driving. Facing a DUI charge with a 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 and did not suffer any loss of his drivers license, which allowed him to stay on the road and continue working. 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: DRUNK DRIVING CHARGE REDUCED TO RECKLESS DRIVING resulting in a one year Filing (stay out of trouble), $250 Contribution to the Violent Crime Indemnity Fund, no loss of license, and court costs on September 9th, 2020
Practice area(s): Criminal Defense, DUI / DWI