Law Offices of Robert H. Humphrey
Call us today at 401-816-5862
Rhode Island Criminal Defense and Personal Injury Lawyer Attorney Profile Testimonials Contact Us
DUI Defense Attorney - click here to find out more. Criminal Defense Attorney - click here to find out more. Personal Injury Attorney - click here to find out more.
Criminal Defense
Alcohol Offenses
Domestic Assault & Battery
Domestic Violence
Drug Charges
DUI
Expungements
FAQ
Felonies & Misdemeanors
Hit and Run
Probation Violations
Theft Crimes
Sex Crimes
Veteran's Diversion
Other Criminal Offenses
DUI
Breath Tests
DUI in Rhode Island
Drugs & DUI
Field Sobriety Tests
First Offense DUI
Multiple DUI
Other Alcohol Offenses
Out-of-State DUI/DWI/OUI
Refusal of Chemical Tests
Serious Bodily Injury / Death
Subsequent Offenses
Underage DUI
DUI Articles
National College for DUI Defense
DUI Defense Lawyers Association
Personal Injury
Burn Injuries
Bus Accidents
Car Accidents
Distracted Driving Accidents
Drunk Driving Accidents
Hit & Run Accidents
Passenger Rights
Rear-End Accidents
Uninsured Motorist Accidents
Medical Malpractice
Motorcycle Accidents
Premises Liability
Slip and Fall
Products Liability
Truck Accidents
Types of Injuries
Children's Injuries
Catastrophic Injuries
Traumatic Brain Injuries
Wrongful Death
Speaking with the At-Fault Insurance Company
Areas We Serve
Tiverton
Warwick
Coventry
Providence
Barrington
Bristol
Middletown
Narragansett
Newport
North Kingstown
Portsmouth
South Kingstown
Tiverton
Warwick
URI
NAME:
EMAIL:
PHONE:
MESSAGE:

Like us on FaceBookCheck out our profile on Linked In.

8 Neck Road Tiverton, Rhode Island 02878

Washington Co. Bar Assoc. DUI: Beyond the Basics

I am honored to have recently addressed the Washington County Bar Association regarding the successful prosecution and defense of drunk driving (DUI, DWI, OUI) and Refusal cases.  Washington County consists of the Towns of Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown and Westerly.  This 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 and other educational programs in 2010.  The discussion of issues beyond the basics of these types of complicated cases involve 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 both the prosecutors and defense attorneys in attendance the advance trial techniques and practice pointers for the successful prosecution and defense of DUI and Refusal cases.

In every drunk driving ("DUI" or "DWI") 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 recently published article in the Rhode Island Bar Journal article entitled "Drunk Driving:  Beyond the Basics." 

In every refusal case the State must prove, by clear and convincing evidence, four (4) key elements to sustain a refusal charge.  The four (4) key elements are the following:

  • That the law enforcement officer who submitted the sworn report to the RITT had reasonable grounds to believe that the defendant had been driving a vehicle within the State while under the influence of intoxicating liquor or drugs;
  • That the defendant, while under a lawful arrest, refused to submit to a chemical test upon the request of the law enforcement officer;
  • That the defendant had been informed of his or her rights in accordance with R.I.G.L. 31-27-3; and
  • That the defendant had been informed of the penalties incurred as a result of non-compliance with R.I.G.L. 31-27-2.1.
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 (DUI, DWI, OUI) or refusal to submit to a chemical test in Washington County (Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown and Westerly), Newport County (Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton), Kent County (Coventry, East Greenwich, Warwick, West Greenwich, West Warwick) and Providence County (Burriville, Central Falls, Cranston, Cumberland, East Providence, Foster, Glocester, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield and Woonsocket), 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.
Click to call Law Blog