DUI and Drug Charges Dismissed after Plea to Refusal Violation on October 18th, 2022
(1) FIRST OFFENSE DUI (BAC UNKNOWN)
(2) FIRST OFFENSE REFUSAL TO SUBMIT TO A CHEMICAL TEST
(3) POSSESSION OF A CONTROLLED SUBSTANCE
Marin and Barrett, Inc., is pleased to announce a successfully defended case of possession of controlled substances and a DUI. Our client was approached by the Smithfield Police Department one early morning outside a local bank after an anonymous person reported an erratic driver. The police questioned our client and searched her car where they found various pills inside the car. The police asked the client to submit to a series of field sobriety tests and determined that the client was impaired and subsequently placed our client under arrest for suspicion of driving under the influence.
After being retained we obtained our client's drug scripts, which verified that she had a valid prescription for the pills the police seized, and presented the scripts to the prosecutor. The prosecutor dismissed both the possession of controlled substances charge and the driving under the influence charge. In exchange, our client admitted to the civil charge of refusing to take a chemical test/breathalyzer. As a result of the dismissal, our client avoided a conviction for both of the criminal charges. Additionally, a motion to seal (expunge) was immediately filed with the court to remove all documentation of the client's arrest and court proceedings from our client's record.
RESULT: FIRST OFFENSE DUI CHARGE AND POSSESSION OF A CONTROLLED SUBSTANCE CHARGES DISMISSED AFTER AN ADMISSION TO REFUSAL TO SUBMIT TO A CHEMICAL TEST resulting in a short period of conditional driving privileges, community service, substance abuse counseling and no criminal conviction on October 18th, 2022
Practice area(s): Criminal Defense, DUI / DWI
Court: Providence Superior Court