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Sentence in DUI Death Case

As reported by Gregory Smith in the December 9, 2014 edition of the Providence Journal, a Massachusetts man has been sentenced in a drunk driving resulting in death case. The victim was the man's fiancée. The man was driving a motor vehicle in a high speed chase with police when he crashed the car, which killed his fiancée. The man also suffered permanent injuries and had both of his legs amputated. The Judge sentenced him to fifteen (15) years imprisonment, ten (10) years to serve at the ACI, the remaining years are suspended with probation. He will have to undergo alcohol counseling and treatment and mental health counseling. His license is suspended for five (5) years.

Pursuant to Rhode Island General Law 31-27-2.2, drunk driving resulting is death 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 upon conviction include 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.

If you or a family member has been charged with DUI resulting in death, DUI resulting in serious injury or other drunk driving offenses , 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.
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