Recent Blog Posts in December 2009

East Providence charges:  (1) DUI, (2) possession of marijuana, (3) driving while in possession of a controlled substance, (4) refusal to submit to a chemical test, and (5) presence of alcohol while operating a motor vehicle.

 Resolution:  All five (5) East Providence Police charges were dismissed based on Defendant’s Motion to Suppress-Invalid Stop/Seizure of Defendant.

If you or a family member has been charged with drunk driving, refusal to submit to a chemical test or possession of a controlled substance, please contact Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

Rhode Island DUI and Alcohol Offense Lawyer Robert H. Humphrey uses his over fifteen (15) years of legal experience as both a prosecutor and defense attorney to successfully guide his clients through the legal process when they have been charged with a violation of the RI Social Host Laws as follows:

Criminal charge:  Transportation of alcohol by a minor in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:  The Narragansett Police charge of transportation of alcohol by a minor was dismissed based on Defendant’s Motion to Suppress/Dismiss – Invalid Stop/Seizure.

Criminal charge:  Furnishing or procurement of alcoholic beverages for underage persons in violation of R.I.G.L. 3-8-11.1 and R.I.G.L. 3-8-11.2.

Potential penalty:  The first offense penalties for the furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment not exceeding six (6) months or both.

Resolution: The Newport Police charge was dismissed.

Criminal charge: Furnishing or procurement of alcoholic beverages for underage persons in violation of R.I.G.L. 3-8-11.1 and R.I.G.L. 3-8-11.2.

Potential penalty:  The first offense penalties for the furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment not exceeding six (6) months or both.

Resolution:  The two (2) Newport Police charges were dismissed.

Criminal charge:  Transportation of alcoholic beverages by underage persons in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:  The Newport Police charge was dismissed.

Criminal charge:  Possession of alcohol by underage persons in violation of R.I.G.L. 3-8-10.

Potential penalty:  First offense penalties for possession of alcohol by an underage person includes a $150.00 to $750.00 fine, thirty (30) hours of community service, and a minimum sixty (60) day license suspension.

Resolution:  the South Kingstown Police charge was dismissed.

Criminal charge:  Transportation of alcoholic beverages by underage persons in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:   The Narragansett Police charge was dismissed based on Defendant’s Motion to Suppress/Dismiss – Invalid Stop/Seizure.

If you or a family member has been charged with a violation of the Rhode Island Social Host Laws, please contact Robert H. Humphrey, Esq. at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

 During this Holiday Season, it is important to remember the tragedies and near tragedies involving alcohol which occur throughout Rhode Island during this time of year.  These alcohol-related tragedies have led to the adoption of Rhode Island's Social Host Laws which encompasses both criminal and civil liability.  From the Rhode Island Supreme Court’s holdings in Martin v. Marciano and Willis v. Omar, it is clear that the Court is considering the issue of Social Host Liability.  In Martin, the Court held that if a “defendant provided alcoholic beverages to underage partygoers as the plaintiff alleges, or had actual knowledge of the presence and consumption of alcohol by underage drinkers on her property, then defendant was duty-bound to exercise reasonable care to protect the plaintiff from physical assault by persons expected to be in attendance or those acting at their behest.”  In Willis, the Court reasserted its longstanding precedent of refusing to adopt Social Host Liability and stated “we have only imposed such a duty where a special relationship exists.  Although we have recognized social-host liability in limited circumstances, we have done so when alcohol was illegally provided to minors and injuries related.  Such a special relationship is not present in the case on appeal.”  In declining to overturn the Court’s well-settled precedent, because “no special duty – triggering relationship” existed between the hosts and the guests in this case, the Court found that the issue of liability “for social hosts whose guests cause harm is a matter that belongs in the Legislature.”  The Court in noting the “public policy concerns surrounding drunk driving and the resulting carnage on our highways,” deferred to the legislative function of the General Assembly.

 In July of 2008, Governor Carcieri signed revisions to the Social Host Laws increasing the penalties and closing a perceived loophole.  The 2008 version of the statute prohibits the consumption of alcohol by underage persons anywhere on a homeowner’s property.  The revisions also address the possession of alcoholic beverages by underage persons and the transportation of alcoholic beverages by underage persons.

 For more information regarding Social Host Liability, please see my article on Social Host Liability which was published in the November/December 2009 edition of the Rhode Island Bar Journal and which is attached to my Attorney Profile page with the permission of the Rhode Island Bar Journal.

HAPPY HOLIDAYS from Attorney Robert H. Humphrey and the staff of the Law Offices of Robert H. Humphrey located at 8 Neck Road in Tiverton, Rhode Island  (401) 816-5862.   Please visit our website at www.HumphreyDUI.com.