Successful Result for College Student Facing a Rhode Island DUI Charge
With a large number of college students returning to school this fall, we typically end up defending a large number of college students facing various types of criminal accusations. For anyone in college, the idea of graduating and achieving a good job and a successful career can be daunting. The reality reaching those goals with a criminal record or criminal conviction is nearly impossible. At the Law Offices of Matthew Marin, we are solely focused on defending you against your criminal accusation in a manner that will leave you in the best possible position to succeed in the future.
I am very pleased to announce the successful result we were able to achieve for a University of Rhode Island Senior yesterday. Our Client was facing a criminal DUI charge in which the State possessed breathalyzer readings indicating that her blood alcohol content was more than two times the legal limit. Ultimately, we were able to her avoid a criminal conviction and the mandatory penalties associated with a DUI conviction in Rhode Island ($1,000’s in fines & DUI School). Our Client ultimately accepted a plea deal in which the case will be removed from her record in one year with no trouble and she will be required to surrender her driver’s license for six months.Case Facts
Our Client, according to the Police Reports, was driving home late one night when she was observed speeding and drifting over the center line by a local Police Officer. The Officer conducted a motor vehicle stop and observed the typical indicators in a DUI investigation (odor of alcohol, bloodshot watery eyes, slurred speech). Standardized field sobriety tests were conducted which lead the Officer to the conclusion that the Client was unfit to safely operate a motor vehicle. The Client was arrested and taken to the Police Station where she consented to a chemical test (breathalyzer test). The results of the breathalyzer indicated that her blood alcohol content was more than twice the legal limit (0.18).Legal Arguments
In reviewing the case against our Client, we were able to act quickly and obtain key evidence in the form of the Station and Booking Video. A thorough review of the booking video indicated that the Police Officer who administered the chemical test did not follow proper procedure throughout the administration of the test. The State conceded in conference that this improper procedure would likely render the breathalyzer results inadmissible into evidence against our Client if the case proceeded to trial.
A further review of the case showed that, contrary to RI State Law, our Client was held overnight for an arraignment in the District Court the following morning. Proper Police procedure requires that Client’s be given the opportunity to call to arrange for bail so that they do not have to spend the night in jail and so that they can arrange for an additional chemical test if they so choose. The legal argument, if successful, would have likely lead to the complete dismissal of all charges against the Client. This issue, while hotly contested by the State, ultimately lead to a negotiated resolution of the case.Outcome
Given that our Client was a college senior at the University of Rhode Island with no prior criminal record, we were able to persuade the State to amend (lower) the DUI charge to the misdemeanor charge of Reckless Driving. Our Client was sentenced to a one year filing (stay out of trouble for one year) which is not a criminal conviction. As part of the plea, she had to surrender her license for six months and perform twenty hours of non-profit community service. In the end, when she is applying for jobs and a career one year from now she will have a clean criminal record. #rhodeislandduilawyer #rhodeislandduiattorney #rhodeislandcriminaldefenselawyer #rhodeislandcriminaldefenseattorney www.matthewtmarin.comwww.rhode-island-dui-lawyer.comwww.rhodeislandexpungementlaws.com