Recent Blog Posts

Rhode Island Supreme Court Issues Drunk Driving Decision

Robert Humphrey — Thu, 17 May 2012 19:07:00 GMT

In May of 2012, the Rhode Island Supreme Court issued its decision in Gushlaw v. Milner. The case involved drunk driving and social host liability. An underage man and his friend drove together to a party where the man had alcohol. His friend then drove the man back to his car. While driving home the man was involved in a fatal car accident, killing himself and another driver. The family of the man who was killed filed a wrongful death suit against the drunk driver's friend, arguing that the friend had been negligent in allowing the man to drive.

In its decision, the Supreme Court noted that this was a case of first impression, whether or not to recognize a duty, "one that places an affirmative obligation on an adult individual to prevent a third party from operating a vehicle while under the influence of alcohol." The Court's analysis focused on whether a special relationship existed between the drunk man and his friend who drove the man to his car or the friend and the victim. The Court held that there was no special relationship between the parties involved and that to impose liability would create a new cause of action, which the Court termed "designated driver duty." The Court reasoned, it is the duty of the General Assembly and the legislative process to create new causes of action.

If you or a family member have been charged with drunk driving, refusal to submit to a chemical test or social host liability, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Congressman's Brother Arrested for DUI in Bristol

Robert Humphrey — Fri, 04 May 2012 18:42:00 GMT

As reported by Maria Armental in the May 4, 2012 edition of the Providence Journal, the Bristol Police Department arrested Congressman Cicilline's brother for drunk driving and refusal to submit to a chemical test. He was stopped after he was observed running through a stop sign and speeding. He also failed the field sobriety tests.

Pursuant to Rhode Island General Laws 31-27-2, drunk driving is defined as whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.

The penalties if convicted include a fine of not less than one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans' Administration.

Pursuant to R.I.G.L. 31-27-2.1, refusal to submit to a chemical test is defined as any person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. No more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in § 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director of the department of health is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and the qualifications and certification of individuals authorized to administer the testing and analysis.

The penalties if convicted of refusal include a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community restitution. The person's driving license in this state shall be suspended for a period of six (6) months to one year. The traffic tribunal judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.

If you or a family member have been charged with drunk driving, refusal to submit to a chemical test or other driving offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Warwick Arrests Two for Drunk Driving Following Cruiser Accident

Robert Humphrey — Thu, 03 May 2012 17:24:00 GMT

As reported by Maria Armental in the May 3, 2012 edition of the Providence Journal, the Warwick Police Department have arrested two (2) people and charged both with drunk driving and refusal to submit to a chemical test. One man was involved in an accident with a pole. While a police officer was on the scene of that accident, a woman crashed into the police officer's cruiser. The officer was not injured.

If the officer had been injured in the accident, the charge would be drunk driving – serious injury resulting pursuant to R.I.G.L. 31-27-2.6., defined as when serious bodily injury of any person other than the operator is caused by the operation of any motor vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21 or any combination of these, the person so operating the vehicle shall be guilty of driving under the influence of liquor or drugs, resulting in serious bodily injury. As used in this section, "serious bodily injury" means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.

The penalties are more severe and include imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. The license of the person may be revoked for a period of up to two (2) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections.

If you or a family member have been charged with drunk driving, drunk driving – serious injury resulting or refusal to submit to a chemical test, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Warwick DUI & Refusal Charge - Veterans Diversion Program

Robert Humphrey — Mon, 30 Apr 2012 19:32:00 GMT

In April of 2012, our Client was arrested by the Warwick Police Department and charged with drunk driving and refusal to submit to a chemical test. As an active member of the Armed Forces, our Client was concerned about a criminal conviction and its impact on his career.

Pursuant to Rhode Island General Laws 31-27-2, drunk driving is defined whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.

If convicted of drunk driving, the penalties include a fine of $100.00 to $500.00, ten (10) to sixty (60) hours of community service, one (1) month to eighteen (18) months loss of license, DUI school or alcohol treatment and additional fees and assessments.

There are a range of penalties including a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community restitution. The person's driving license in this state shall be suspended for a period of six (6) months to one year. The traffic tribunal judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.

Fortunately, due to Attorney Humphrey's experience with cases involving military personnel, our client was referred to the Veterans Diversion Program. The refusal charge was dismissed and our Client did not receive a criminal conviction.

If you or a family member are a current member of the armed forces or a veteran and has been charged with drunk driving (DUI), refusal to submit to a chemical test or other criminal offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

State Police DUI Accident Charge Amended to Reckless Driving

Robert Humphrey — Fri, 27 Apr 2012 19:36:00 GMT

In February of 2012, our underage Client was arrested by the Rhode Island State Police and charged with drunk driving. Our Client had been involved in an accident. Our Client submitted to the chemical test at the barracks and had readings over twice the legal limit.

If convicted of drunk driving, our Client would have faced penalties including a fine of $100.00 to $500.00, ten (10) to sixty (60) hours of community service, one (1) month to eighteen (18) months loss of license, DUI school or alcohol treatment and additional fees and assessments. However, due to Attorney Humphrey's extensive experience in handling drunk driving cases, the DUI charge was amended to reckless driving.

Pursuant to R.I.G.L. 31-27-4, reckless driving is defined as any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered, or operates a vehicle in an attempt to elude or flee from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction and a felony for the second and each subsequent conviction.

The amendment of the charge was extremely beneficial to our Client because he did not receive a criminal conviction. As a college student, it was important that he maintain a clean criminal record.

If you or a family member has been charged with drunk driving (DUI), refusal to submit to a chemical test or other driving offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Pawtucket Refusal Trial - Guilty Verdict

Robert Humphrey — Thu, 26 Apr 2012 21:43:00 GMT

As reported by Amanda Milkovits in the April 25, 2012 edition of the Providence Journal, following a trial on a refusal to submit to a chemical test charge, a Pawtucket man was found guilty. The refusal charge had previously been dismissed. However, the Chief Magistrate of the Rhode Island Traffic Tribunal allowed the refusal charge to be re-filed and the matter proceeded to trial. The man was also previously charged with drunk driving. That charge was also previously dismissed.

Pursuant to Rhode Island General Laws 31-27-2.1, refusal to submit to a chemical test is defined as any person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. No more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in § 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director of the department of health is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and the qualifications and certification of individuals authorized to administer the testing and analysis.

In this case the man received a $300.00 fine, forty (40) hours of community service, DUI School and eight (8) months loss of license. The Magistrate concluded that the incident was the result of road rage and therefore he imposed enhanced penalties. The arrest stemmed from an accident between the man and a Pawtucket police officer.

If you or a family member has been charged with refusal to submit to a chemical test, drunk driving (DUI), or other alcohol offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Scituate DUI - Death Resulting Sentence

Robert Humphrey — Wed, 25 Apr 2012 19:48:00 GMT

As reported by Donita Naylor in the April 23, 2012 edition of the Providence Journal, a Scituate man has pled guilty to charges of drunk driving – death resulting, drunk driving – serious injury resulting and driving to endanger – death resulting. The man was the driver of a car involved in an accident in Warwick in 2010 which killed a teenager. The man was sentenced to fifteen (15) years, four (4) years to serve at the ACI and four (4) years of home confinement and a period of probation. The man will lose his license for three (3) years. Once his license is reinstated, he will be required to have an ignition interlock device for two (2) years.

Pursuant to Rhode Island General Laws 31-27-2.2, drunk driving – death resulting is defined as when the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of "driving under the influence of liquor or drugs, resulting in death".

The penalties include imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.

(ii) In addition, the person convicted may be required to successfully complete alcohol or drug treatment in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete the program before any license to operate a motor vehicle is renewed.

If you or a family member has been charged with drunk driving – death resulting, drunk driving – serious injury resulting or drunk driving (DUI), please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

LawReviewCLE - DUI Seminar

Robert Humphrey — Tue, 24 Apr 2012 20:03:00 GMT

LawReviewCLE is a national CLE provider dedicated to advocacy and how to practice the law. LawReviewCLE seminars are designed to be practical and informative gathering top attorneys knowledgeable in a specific area of the law to disseminate their experience to other local attorneys. LawReviewCLE "seeks out top rated and experienced attorneys who represent the best in their practice area."

When asked about once again being selected by LawReviewCLE in the area of DUI defense, prominent DUI Defense Attorney Robert H. Humphrey, stated "I consider it a great honor to once again have the opportunity to teach my fellow Rhode Island attorneys about the successful prosecution and defense of drunk driving cases."

The May 10, 2012 LawReviewCLE's HANDLING FIRST DUI CASE CLE, is designed to help attorneys who are looking to take on DUI cases from start to finish. Prosecutors and defense attorneys who attend this educational program will receive in-person demonstration of the standardized field sobriety tests and will learn about legal issues beyond the basics of these types of complicated cases regarding the admissibility of the standardized field sobriety tests, the admissibility of chemical test results and the suspect's statutory and constitutional rights. Emphasis is given to teaching the advance trial techniques and practice pointers for the successful prosecution and defense of DUI and Refusal cases. As a Rhode Island DUI authority, Attorney Humphrey prepared Rhode Island's DUI Practice Manual entitled "Drunk Driving: Detection, Prosecution and Defense" which is widely used by drunk driving law practitioners in courtrooms throughout the state.

Attorney Humphrey will also focus on the ethical issues relating to the proper defense of DUI defendants. Attorney Humphrey emphasizes to the DUI attorneys that their representation must focus on what is in the best interests of the DUI defendant. At the Law Offices of Robert H. Humphrey, Esq., we pride ourselves on putting what is in the best interests of our client first and taking ego out of the equation.

The May of 2012 DUI CLE Program is part of the DUI & Refusal Cases: Beyond the Basics series of lectures and articles the Law Offices of Robert H. Humphrey, Esq., is conducting for the Rhode Island Bar Association, LawReviewCLE and other educational programs.

If you or a family member has questions regarding DUI or Refusal cases, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you or a family member through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Pawtucket Refusal Charge Trial

Robert Humphrey — Fri, 20 Apr 2012 18:20:00 GMT

As reported by Amanda Milkovits in the April 19, 2012 edition of the Providence Journal, a Pawtucket man was arrested and charged with drunk driving and refusal to submit to a chemical test. Both charges were dismissed. However, police re-filed the refusal charge and the case is now being tried before the Rhode Island Traffic Tribunal.

The penalties if convicted of the refusal charge include a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community restitution. The person's driving license in this state shall be suspended for a period of six (6) months to one year. The traffic tribunal judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.

Although the DUI charge was dismissed, had the man been convicted of drunk driving, the penalties are a fine of not less than one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans' Administration.

Providence Politician Pleads to Refusal Charge

Robert Humphrey — Wed, 04 Apr 2012 19:30:00 GMT

As reported by Amanda Milkovits in the April 4, 2012 edition of the Providence Journal, Senate Majority Leader Ruggerio has pled to the refusal to submit to a chemical test charge. The Senator was arrested by Barrington Police last week and charged with drunk driving and refusal to submit to a chemical test. In exchange for his plea to the DUI charge, the Town has agreed to dismiss the DUI charge. Another member of the Senate, Senator Ciccone was at the scene of Senator Ruggerio's arrest.

The penalties if convicted of the refusal charge include:

(1) Impose for the first violation a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community restitution. The person's driving license in this state shall be suspended for a period of six (6) months to one year. The traffic tribunal judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.

(2) Every person convicted for a second violation within a five (5) year period shall be guilty of a misdemeanor, shall be imprisoned for not more than six (6) months and shall pay a fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the person to perform sixty (60) to one hundred (100) hours of public community restitution, and the person's driving license in this state shall be suspended for a period of one year to two (2) years. The judge shall require alcohol and/or drug treatment for the individual.

(3) Every person convicted for a third or subsequent violation within a five (5) year period shall be guilty of a misdemeanor and shall be imprisoned for not more than one year, fined eight hundred dollars ($800) to one thousand dollars ($1,000), order the person to perform not less than one hundred (100) hours of public community restitution, and the person's operator's license in this state shall be suspended for a period of two (2) years to five (5) years. The judge shall require alcohol or drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent violation within a three (3) year period, a hearing shall be held before a judge. At the hearing the judge shall review the person's driving record, his or her employment history, family background, and any other pertinent factors that would indicate that the person has demonstrated behavior which warrants the reinstatement of his or her license.

East Greenwich DUI Death Results in Two Arrests

Robert Humphrey — Fri, 30 Mar 2012 15:54:00 GMT

As reported by Parker Gavigan on the Channel 10 News, two men have been arraigned in connection with a horrific crash which occurred last month. The two (2) men are accused of racing each other and causing an accident in which two (2) people were killed. The two men were arrested by East Greenwich Police and one is charged with driving to endanger – death resulting, the other is charged with drunk driving – death resulting. It is unclear whether the man submitted to a chemical test.

Pursuant to Rhode Island General Laws 31-27-1, driving to endanger – death resulting is defined as when the death of any person ensues as a proximate result of an injury received by the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting in death". The penalties if convicted include imprisonment for not more than ten (10) years and have his or her license to operate a motor vehicle suspended for no more than five (5) years.

Pursuant to R.I.G.L. 31-27-2.2, drunk driving – death resulting is defined as when the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any vehicle, the operator of which is under the influence of any intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, the person so operating the vehicle shall be guilty of "driving under the influence of liquor or drugs, resulting in death".

The penalties if convicted include:

(1) Every person convicted of a first violation shall be punished by imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.

If you or a family member has been charged with drunk driving (DUI), drunk driving – death resulting or drunk driving – serious injury resulting, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Cranston DUI Charge: No Loss of License & No Criminal Record

Robert Humphrey — Thu, 29 Mar 2012 18:16:00 GMT

In January of 2012, our Client was arrested by the Cranston Police Department for drunk driving. At the police station he submitted to the chemical test and had extremely high BAC readings.

The penalties if convicted of drunk driving include a fine, community service, a period of license suspension, DUI School or alcohol counseling, fees and assessments. The penalties are enhanced based on the chemical test results. Although by statute, drunk driving is punishable by up to one (1) year in prison, such a penalty is rarely imposed.

However, due to Attorney Humphrey's experience in DUI cases, the drunk driving charge was amended to a charge of reckless driving. Pursuant to R.I.G.L. 31-27-4, reckless driving is defined as any person who operates a motor vehicle recklessly so that the lives or safety of the public might be endangered, or operates a vehicle in an attempt to elude or flee from a traffic officer or police vehicle, shall be guilty of a misdemeanor for the first conviction and a felony for the second and each subsequent conviction.

The reckless driving charge was filed, which means it is not a criminal conviction. After one (1) year the charge can be expunged. The amendment of the charge was extremely beneficial to our Client who is active duty military and could not have a criminal record. In addition, reckless driving does not have mandatory penalties, which resulted in no loss of license for our Client.

If you are in the military and have been charged with a crime of if you or a family member has been charged with drunk driving (DUI), refusal to submit to a chemical test or other alcohol offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Prominent Politician Arrested for Drunk Driving in Barrington

Robert Humphrey — Wed, 28 Mar 2012 20:16:00 GMT

As reported by Maria Armental in the March 28, 2012 edition of the Providence Journal, a local politician was arrested by the Barrington Police and charged with drunk driving and refusal to submit to a chemical test. The man was arrested after another driver called 911 about his erratic driving. According to the police report, the man failed a series of field sobriety tests and was then taken into custody.

The penalties if convicted of drunk driving with unknown alcohol readings include:

(ii) Every person convicted of a first violation whose blood alcohol concentration is one-tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual; provided, however, that the court may permit a servicemember or veteran to complete any court-approved counseling program administered or approved by the Veterans' Administration.

If convicted of refusal to submit to a chemical test, the penalties include

If you or a family member has been charged with drunk driving (DUI), drunk driving – serious injury resulting or refusal to submit to a chemical test, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Pawtucket Refusal Charges Refiled

Robert Humphrey — Mon, 26 Mar 2012 18:46:00 GMT

As reported by Amanda Milkovits in the March 23, 2012 edition of the Providence Journal, a Pawtucket man was originally charged with drunk driving and refusal to submit to a chemical test in October of 2011. Both charges were dismissed in January. However, the Pawtucket Police re-filed the refusal charges at the Traffic Tribunal and the man's attorney objected. The Judge overruled the objection and allowed the charges to be re-filed.

If convicted of refusal to submit to a chemical test, the penalties include:

If you or a family member has been charged with drunk driving (DUI), refusal to submit to a chemical test or other alcohol offenses, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

RI Lawyer Robert Humphrey Lectures at RI Bar Association

Robert Humphrey — Thu, 15 Mar 2012 18:45:00 GMT

I am greatly honored to have once again lectured the members of the Rhode Island Bar Association on the successful detection, prosecution and defense of drunk driving (DUI, DWI, OUI) cases. The March of 2012 DUI Continuing Legal Education Program is part of the DUI and Refusal Cases Beyond the Basics series of lectures and articles the Law Offices of Robert H. Humphrey is conducting for the Rhode Island Bar Association. This CLE was historic and marked the first time that the RI Bar Association had a CLE program broadcasted live over the Internet. This new format allows attorneys watching from their offices or homes to actively participate in a CLE program by asking questions of the speakers, even though they are not physical present.

This educational program provides an opportunity for both prosecutor and defense attorneys to learn about legal issues beyond the basics of these types of complicated DUI cases involving the admissibility of chemical test results, the admissibility of the standardized field sobriety tests, and the suspect's statutory and constitutional rights to a timely release on bail. Emphasis is given to teaching the advanced trial techniques and practice pointers for the successful prosecution and defense of DUI and Refusal cases.

In every drunk driving ("DUI") case the Prosecution and Defense are concerned with five (5) basic components of the case as follows:

Can the Prosecution establish the requisite reasonable suspicion to stop the suspect's vehicle;
Can the Prosecution prove the suspect's operation of the vehicle;
Can the Prosecution demonstrate the necessary probable cause to arrest the suspect;
Can the Prosecution prove that the suspect was under the influence of intoxicating liquor and/or drugs to a degree that rendered him/her incapable of safely operating the vehicle; and
Can the Prosecution prove compliance with R.I.G.L. 31-27-3 (the suspect's right to an independent physical examination by a physician of his/her own choosing).

Please see my published article in the Rhode Island Bar Journal entitled "Drunk Driving: Beyond the Basics."

Attorneys who attended the lecture received an in person demonstration of the standardized field sobriety tests by a local police officer and heard from the officer regarding his experience in handling DUI arrests. Attorneys were able to ask questions of the officer and Attorneys also heard from a representative from the Department of Attorney General who discussed the interplay between drunk driving and refusal to submit to chemical test cases. Although two separate and distinct charges, DUI and Refusal cases stem from the same arrest and must be considered together when determining case strategy. Please see my recently published article in the Rhode Island Bar Journal entitled "Refusal Cases: Beyond the Basics."

Attendees were provided with updates about recent DUI cases. In U.S. v. Bullcoming, the U.S. Supreme Court held that lab certifications and reports which detail a motorist's blood alcohol level were testimonial statements. For that evidence to be admissible at trial, the actual lab technician/scientist who performed the tests and authored the reports had to a witness at trial and subject to cross-examination. In North Smithfield v. Casperson, a motorist called police with a report of erratic driving and provided a description of the vehicle. The police located and stopped the motor vehicle without making any of their own observations about erratic driving. The Trial Magistrate dismissed the refusal charge finding that the stop violated the 4^th Amendment of the U.S. Constitution, which protects against unlawful searches and seizures. In Kemp v. RITT, a motorist provided a tip in person to police regarding an erratic driver. The motorist pointed out the vehicle to the officer. The police then stopped the motor vehicle without making any of their own observations about erratic driving. In upholding the Refusal charge, the District Court Judge ruled that the stop was lawful. The Judge ruled that the tip was reliable because the officer was able to verify information from the tip in real time. In State v. Scalisi, the Court addressed standardized field sobriety tests (SFSTs) during a DUI trial. During the officer's testimony he admitted he deviated from the specific SFST instructions and that any deviations meant the results of the SFSTs were invalid. The Judge found the motorist not guilty. Jamestown v. White dealt with the issue of extra-territorial arrests. A motorist was arrested by a Jamestown police officer in North Kingstown. The Court dismissed the case finding that the police officer lacked jurisdiction to make an arrest outside of Jamestown.

The law of drunk driving and refusal to submit to a chemical test is an ever evolving area of the law. If you or a family member has been charged with drunk driving or refusal to submit to a chemical test, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.