Smithfield DUI Sentence Reduced

As reported by Katie Mulvaney in the March 17, 2011 edition of the Providence Journal, a Smithfield man had his drunk driving ("DUI") prison sentence reduced.  In 2007, the man was convicted of  drunk driving - death resulting and driving to endanger - death resulting.  The judge sentenced him to twenty-five (25) years imprisonment, with fifteen (15) years to serve.  In a new hearing, before the original judge, his attorney requested the sentence be reduced to seven years to serve.  The judge did reduce his prison sentence by two (2) years.  The other aspects of the man's sentence, including a five (5) year license suspension remain the same.  

Pursuant to Rhode Island General Law 31-27-2.2, the penalties for DUI - death resulting 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.