Second Offense DUI Charge Reduced to First Offense with Minimum Sanctions on 8/31/2020
CHARGE: DUI (2ND OFFENSE - MANDATORY MINIMUM 10 DAYS JAIL)
Marin and Barrett, Inc. is extremely pleased to report that a second offense DUI charge pending against a Client in the Kent County District Court has been have been reduced to a first offense with minimum sanctions imposed. Our Client had been charged DUI after he was stopped by a local Police Officer for allegedly speeding. Once he was stopped, the Police had our Client perform standardized field sobriety tests and in the opinion of the Police Officer, our Client failed the tests and he was placed under arrest for suspicion of DUI. At the Police Station, our Client allegedly submitted to a breath chemical test with resulting readings between 0.10 and 0.15. Based on the nature of the charge (2nd offense DUI), if convicted he faced a minimum mandatory sentence of 10 days in jail (ACI).
Once the case proceeding to Court, we were able to fight the case and argue that the Police had not properly stopped our Client for the alleged speeding violation. The Police Officer alleged that he had used a technique known as "clocking" to estimate the speed at which our Client was traveling. Clocking is a scientific technique which, when performed properly, can be used to validly estimate the speed of a vehicle. Based on the report written by the Officer, we were able to draw into question whether the Officer properly performed the "clocking" technique.. Based on our arguments, we were able to successfully negotiate a resolution of the case that involved a reduction of the charge from second offense DUI to a first offense DUI. The Client was sentenced the minimum sanctions (no mandatory jail sentence) and we were able to secure him a conditional hardship license so that he could continue to travel to and from work while his license was suspended. If you or a loved one is facing DUI charges 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 REDUCED TO FIRST OFFENSE DUI resulting in minimum sanctions for a first offense DUI charge on August 31st, 2020
Practice area(s): Criminal Defense, DUI / DWI
Court: Kent County District Court