Smithfield DUI Conviction

As reported by Michael McKinney in the March 11, 2011 edition of the Providence Journal, a Smithfield man is seeking a reduction in his sentence for drunk driving - death resulting.  In 2007, the man was convicted and sentenced to twenty-five (25) years in prison, fifteen (15) years to serve for killing his passenger during a motor vehicle accident.  The man's attorney is asking for a reduction in his sentence, to seven (7) years.  In addition to jail time, the man received a $5,000 fine, alcohol counseling, a license suspension of five (5) years and must do two hundred (200) hours of community service. He was also convicted of driving to endanger - death resulting.

Pursuant to Rhode Island General Law 31-27-2.2, DUI-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:

(i) 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.

   (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