In October of 2011, our client was arrested by the Providence Police Department
and charged with two (2) charges,
felony driving a motor vehicle without the owner's consent and misdemeanor of
leaving the scene of an accident – property damage resulting.
Pursuant to Rhode Island General Laws 31-26-2, leaving the scene of an
accident – resulting in property damage is defined as, the driver
of any vehicle knowingly involved in an accident resulting only in damage
to a vehicle which is driven or attended by any person shall immediately
stop the vehicle at the scene of the accident or as close to it as possible,
but shall immediately return to and in every event shall remain at the
scene of the accident until he or she has fulfilled the requirements of
§ 31-26-3. A stop shall be made without obstructing traffic more
than is necessary.
The penalties if convicted include a fine of not less than five hundred
dollars ($500) nor more than one thousand dollars ($1,000), and/or his
or her driver's license or operating privilege in the state may be
suspended for a period up to six (6) months, and/or he or she may be imprisoned
for a period not to exceed 6 months.
Pursuant to R.I.G.L. 31-9-1, operating a motor vehicle without the consent
of the owner is defined as any person who drives a vehicle, not his or
her own, without the consent of its owner or lessee, and with intent temporarily
to deprive the owner or lessee of his or her possession of the vehicle,
without intent to steal the vehicle, is guilty of a felony. The consent
of the owner or lessee of a vehicle to its taking or driving shall not
in any case be presumed or implied because of the owner's or lessee's
consent on a prior occasion to the taking or driving of that vehicle by
the same or a different person. Any person who assists in, or is a party
or accessory to or an accomplice in any unauthorized taking or driving,
is guilty of a felony.
The penalties if convicted include a fine of not more than five thousand
dollars ($5,000) or imprisoned for a term of not more than five (5) years, or both.
However, due to Attorney Humphrey's skill and experience handling serious
felony cases, the felony was dismissed at our Client's arraignment
in Superior Court. Our client received a filing, which is
not a criminal conviction and
he never lost his license. This case is eligible for
expungement in one (1) year which is extremely beneficial to our Client who works
in the financial industry and needed a clean criminal record.