DUI Charge Reduced to Reckless Driving and Refusal Charge Dismissed in September 2022
(1) FIRST OFFENSE DUI (BAC UNKNOWN)
(2) FIRST OFFENSE REFUSAL TO SUBMIT TO A CHEMICAL TEST
Marin and Barrett, Inc., is pleased to report the successful resolution to a Driving Under the Influence (DUI) charge that our client was facing after a DUI stop by a local police department. On July 21, 2022, a 911 caller reported an erratic operator operating a car traveling in South Kingston, RI. An officer was dispatched and observed our client operating the vehicle left of center at an unusually slow speed. Police pulled our client over and began to question our client for suspicion of DUI. Upon further investigation, police detected a strong odor of alcohol coming from our client and requested that our client submit to a field sobriety test. The client subsequently took the test, which the police indicated that the client failed. When brought to the station house, the client was advised of her rights and she refused to take a breathalyzer or blood test. The client was then charged with driving under the influence of alcohol and refusal to submit to a chemical test.
After discussions with the Town Solicitor and a thorough review of the evidence, the Town agreed to amend the charge from DUI to reckless driving. As a result, our client avoids the mandatory sanctions associated with a DUI conviction, i.e., no alcohol education classes, no community service, etc. The accompanying refusal charge was also dismissed and our client is eligible to have the case expunged/sealed from her record in one year.
RESULT: FIRST OFFENSE DUI CHARGE REDUCED TO RECKLESS DRIVING AND THE CHEMICAL TEST REFUSAL CHARGE WAS DISMISSED resulting in a one year filing, no loss of license, and no criminal conviction on September 22nd, 2022
Practice area(s): Criminal Defense, DUI / DWI
Court: Washington County District Court