CHARGE: DUI (1ST OFFENSE - BAC BETWEEN 0.08 AND 0.10)

Attorney Kensley Barrett of Marin & Barrett, Inc. is extremely pleased to report that a driving under the influence charge against a Client in Kent County District Court has been resolved with a non-conviction disposition.  Our Client was leaving a work Christmas party in Coventry, RI on a Friday night headed back to her home in Massachusetts.  As she was headed home, she inadvertently swerved erratically into the left lane of travel.  As she was headed towards I-95 she passed a Police Officer in a fixed post.  The Officer pulled out, caught up with our Client, and pulled her over before he reached the interstate.  As the Officer spoke with our Client, he detected an odor of alcohol coming from the Client's breath and the Client admitted to drinking earlier in the evening. 

A secondary officer was summonsed to the scene to conduct standardized field sobriety tests.  The Client consented to those tests and, in the opinion of the officer, the Client failed those tests indicating that she was under the influence to a degree that rendered her incapable of safely operating his vehicle.  The Client was then arrested and taken back to the local Police Station.

At the Police Station, the Client was advised of her rights and agreed to take a chemical breath test to determine her blood alcohol concentration.  At the conclusion of the testing, the Police obtained breath test results of 0.086% and 0.090% BAC.  The Client was then formally charged with driving under the influence with a blood alcohol concentration between 0.08 and 0.10.

After the first pre-trial hearings and negotiations, we were able to successfully negotiate a favorable pre-trial disposition.  Because our Client lived in Massachusetts and held a MA drivers license, any resolution involving pleading guilty to a DUI charge would result in serious negative collateral actions by the MA RMV.  Based on that understanding and other mitigating information, we were able to negotiate an amendment of the DUI charge to a charge of Reckless Driving, which was filed for one year.   The filing means the case is eligible to be expunged/sealed from the Client's record at the end of the one-year period.  Additionally, the Client will not have to attend Alcohol Education classes, perform community service, or lose her license - all of which are mandatory sanctions for DUI convictions.

RESULTS: DUI CHARGE REDUCED TO RECKLESS DRIVING and the case Filed for One Year in the Kent County District Court on February 3rd, 2022