Rhode Island Criminal Defense Lawyer
Recent Posts
Categories
Archives
Drunk Driving/Refusal
Domestic Violence
Social Host
Sex Crimes
Other Criminal Offenses
Personal Injury
Civil Matters
The Law Offices of Robert H. Humphrey Attorney Profile Contact Us

Recent Posts in DUI Attorney Category

July 26, 2010
  Bristol Procurement of Alcohol for Minor Charge Dismissed
Posted By Robert Humphrey

In July of 2010, Rhode Island DUI and Alcohol Offense lawyer, Robert H. Humphrey, used his over fifteen (15) years of legal experience as both a Prosecutor and Defense Attorney to have a Bristol Police procurement of alcohol for minor charge dismissed before the 6th Division District Court.

If you or a family member has been charged with furnishing or procurement of alcohol for a minor or underage possession of alcohol, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successful guide you through the legal process. Contact Attorney Robert H. Humphrey at (401) 816-5862 or email him at rhh@rhumphreylaw.com.
Continue reading "Bristol Procurement of Alcohol for Minor Charge Dismissed" »

Permalink 
 
July 21, 2010
  The Bridge to Nowhere
Posted By Robert Humphrey

As reported by Amanda Milkovits in July 13, 2010 edition of the Providence Journal, a Massachusetts man was in an unusual car accident.  The man went the wrong way on a one way street and then ignoring signs, went through a construction zone and off a bridge "that wasn't there."  The man's car went off the ramp that used to allow access to Route 195.  A construction crew had been dismantling the old bridge and it no longer existed. The car fell more than 10 feet onto another construction site and was badly damaged.  At the scene of the accident, the driver failed a field sobriety test and refused a chemical breathalyzer test.  He was charged with Refusal and traffic violations, including driving the wrong way. 

If you or a family member have been charged with traffic violations, refusal to submit to a chemical test or other driving related violations please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "The Bridge to Nowhere" »

Permalink 
 
July 12, 2010
  Unlawful Extraterritorial Arrest Results in DUI Dismissal
Posted By Robert Humphrey

In its June 22, 2010 decision the Massachusetts Appeals Court in Commonwealth v. Limone reversed the Defendant's conviction for a fourth or subsequent drunk driving offense and held that "a police officer's power to make a warrantless arrest is generally limited to the boundaries of the jurisdiction in which the officer is employed, and, absent fresh pursuit for an arrestable offense, a police officer is generally without authority to make an arrest outside of his jurisdiction.  Outside his jurisdictional boundaries, a police officer stands as a private citizen, and, if not in fresh and continued pursuit of a suspect, an arrest by him is valid only if a private citizen would be justified in making the arrest under the same circumstances.  In this case the defendant was suspected only of a misdemeanor motor vehicle offense.  It was subsequent investigation that disclosed the defendant had been convicted on at least six prior occasions of operating while under the influence of liquor.  Thus, the seizure of the defendant was unlawful.  The remedy for such an unlawful stop and arrest is exclusion of the evidence under the 'fruit of the poisonous tree doctrine.'  In this case, since the only evidence would have not been obtained but for the unlawful stop and subsequent arrest the judgments are reversed, the verdicts are set aside and judgments are to be entered for the defendant."

The Limone decision is based in large part upon the Massachusetts Supreme Judicial Court's 1990 decision in Commonwealth v. LeBlanc in which the Court held that a police officer had no authority to make a warrantless arrest outside of his jurisdiction when the offense for which he pursued the motorist across the jurisdictional boundary was a non-arrestable traffic violation.  In addition, the Court held that the police officer had no authority to pursue and stop a motorist over the boundary of the officer's jurisdiction in order to deliver a citation for a non-arrestable traffic violation.

In any drunk driving case a question may arise as to whether the arresting officer had authority to apprehend the suspected drunk driver in another jurisdiction.   In Rhode Island the statutes controlling extraterritorial warrantless arrests are R.I.G.L. 12-7-19 (Arrest after close pursuit by officers from cities or towns) and R.I.G.L. 45-42-1 (Emergency police power).  The close pursuit statute states that "any member of a municipal peace unit of another city or town of the state who enters any city or town in close pursuit, of a person in order to arrest him or her for a violation of the motor vehicle code in the other city or town and continues within any city or town in close pursuit, shall have the same authority to arrest and hold the person in custody as members of the municipal peace unit in any city or town."  The intent of the close pursuit statute is to allow a police officer from one Rhode Island community to enter into another Rhode Island community if in close pursuit of a suspect for an arrestable offense.  The intent of the statue was upheld in the 2001 decision of the Rhode Island Supreme Court in State v. Kinder.  In Kinder, the Court held that "based on the totality of the circumstances, town police officer had probable cause to arrest defendant within town and to charge him with reckless driving, and thus, officer had authority to closely pursue defendant into nearby city to make the same arrest, under statute authorizing out-of-jurisdiction arrest after close pursuit, where officer observed the defendant driving 65 miles per hour (mph) in a 25 mph zone and move from traveling lane to passing lane without signaling, narrowly avoiding collision with another vehicle."

The emergency police powers statute states that "when the police chief of a city or town within the state or his or her designee requests emergency police assistance from another police department within the state, the officers responding to the request shall be subject to the authority of the requesting chief and have the same authority, powers, duties, privileges, and immunities of a duly appointed police officer of the city or town making the request, until the requesting chief of police discharges and releases the assisting police officers to their own departments."  The intent of the emergency police powers statute was upheld in the case of State v. Ceraso, in which a Newport police officer was instructed by his superior officer to respond to a roll-over accident that had occurred on the Jamestown side of the Newport Bridge.  Upon his arrival, the Newport police officer "observed a scene of absolute chaos."  After setting up a roadblock, the Newport police officer observed a vehicle, driven by Mr. Ceraso, fail to obey  his command to stop at the roadblock and the vehicle sped by him in an erratic manner.  Subsequently, Mr. Ceraso was stopped by another Newport police officer and arrested for drunk driving.  The Rhode Island Supreme Court in upholding the drunk driver's conviction held that the "officer was justified in stopping the vehicle pursuant to the emergency police power exception to the general rule that the authority of the local police department is limited to its own jurisdiction."

In both Massachusetts and Rhode Island drunk driving cases the question of extraterritorial warrantless stops and arrests are always an important issue and may be fatal to the State's prosecution of these serious cases.  If you or a family member have been charged with drunk drivingrefusal to submit to a chemical test or other driving related violations please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Unlawful Extraterritorial Arrest Results in DUI Dismissal" »

Permalink 
 
July 07, 2010
  Crash Victim Inspires Legislation
Posted By Robert Humphrey

As reported in the July 1, 2010 Providence Journal, Governor Carcieri signed the Colin B. Foote Bill into law.  The bill, named after accident victim, Colin Foote, is designed to keep habitual traffic offenders off of the roads.  In May 2010, Foote was hit and killed by a woman who had 27 moving vehicle violations.  Her moving violations included 13 speeding tickets and 8 warnings.    Under the new law, motorists who are convicted of four (4) moving violations in an 18 month period can be labeled as "habitual offenders." Speeding, using the breakdown lane for travel, disobeying stop signs, failure to use a turn signal, and aggressive driving are all types of moving violations under the new law.  

In addition to being labeled "habitual offenders", a motorist's license can be suspended for up to one (1) year or it may be revoked.  Additional penalties include a fine up to $1,000, sixty (60) hours of community service and sixty (60) hours of driver retraining.

If you or a family member have been charged with traffic violations, refusal to submit to a chemical test or other driving related violations please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Crash Victim Inspires Legislation" »

Permalink 
 
June 29, 2010
  Extraterritorial Stop/Arrest Result in Reversal of Drunk Driving Conviction
Posted By Robert Humphrey

In its June 22, 2010 decision, the Massachusetts Appeals Court reversed the guilty verdict imposed by a Superior Court Jury which found the defendant "guilty of operating a motor vehicle while under the influence of alcohol and operating a motor vehicle after revocation of his license.  The same Jury found the Defendant guilty of operating a motor vehicle while under the influence of alcohol, fourth or subsequent offense."  The Massachusetts Appeals Court granted the Defendant's motion to suppress evidence, which included the field sobriety and breath test results, on the grounds that the Officer had conducted an unlawful extraterritorial stop and arrest of the Defendant while he was off duty and outside his jurisdiction.  After his vehicle was struck by the Defendant, the Officer did the following:  "(1) direct[ed] the defendant to step out of the vehicle; (2) direct[ed] the defendant to get back in his vehicle and to wait for the police; and (3) remov[ed] the keys from the ignition of the defendant's vehicle."  The Massachusetts Appeals Court held that the Officer's actions constituted a seizure under the 4th Amendment to the U.S. Constitution and Article 14 of the Massachusetts Declaration of Rights.  In its analysis the Massachusetts Appeals Court held that "a police officer's power to make a warrantless arrest is generally limited to the boundaries of the jurisdiction in which the Officer is employed, Commonwealth v. LeBlanc, 407 Mass. 70, 72 (1990), and, absent fresh pursuit for an arrestable offense, a police officer is generally without authority to make an arrest outside his jurisdiction. Commonwealth v. Savage, 430 Mass. at 343."

In every drunk driving case it is important to consider the issues of the lawfulness of the stop and arrest of the motorist by the police.  If you or a family member has been charged with drunk driving (DUI, DWI, OUI) or refusal to submit to a chemical test in Rhode Island or Massachusetts, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey, Esq., at (401) 816-5862 or email him at rhh@rhumphreylaw.com.
Continue reading "Extraterritorial Stop/Arrest Result in Reversal of Drunk Driving Conviction " »

Permalink 
 
June 24, 2010
  Road Rage = Crime
Posted By Robert Humphrey

As reported in the June 16, 2010 Providence Journal, two men were involved in a "road rage" incident, which led to criminal charges.  Both men have been charged with simple assault because of an altercation on the side of the road.  The incident started when one man allegedly cut off the other.  They then drove next to each other, cutting each other off and eventually pulled over on the side of Route 24.  Both men got out of their respective cars and confronted each other.  It became physical when one man grabbed the other's arm and he retaliated with pepper spray.  Although both men were only charged with simple assault, they could have faced much harsher penalties under Rhode Island law.

Road rage can easily escalate into situations involving high speeds, unsafe driving, car crashes and police chases.  These can all lead to criminal charges of reckless driving and eluding police. 

Rhode Island General Law 31-27-4 Reckless Driving:

Any person who operates a motor vehicle recklessly so that the

lives or safety of the public might be endangered, or operates a

vehicle in an attempt to elude or flee from a traffic officer or

police vehicle, shall be guilty of a misdemeanor for the first

conviction and a felony for the second and subsequent conviction.

Rhode Island General Law 31-27-4.1 Eluding Police:

                                Any person who in an attempt to elude or flee from a police

 officer in an emergency police vehicle in a high speed pursuit

of the person, operate a motor vehicle at speeds greater than

fifteen (15) miles per hour over the speed limit or who causes

property damage only in excess of one thousand dollars ($1,000).

The penalties for violation of the eluding police statute (R.I.G.L. 31-27-4.1) include the following:

First Offense:

  • Imprisonment of up to one year;
  • A fine of not less than $500 and not more than $1,000;
  • License suspension of not less than ninety (90) days but not more than six (6) months; and
  • Forfeiture of motor vehicle.

Second and Subsequent Offenses:

  • Imprisonment not less than two (2) years but not more than five (5) years;
  • A fine of not less than $2,000 and not more than $5,000;
  • License suspension of not less than one (1) year but not more than five (5) years; and
  • Forfeiture of motor vehicle.

If you or a family member has been charged with reckless driving, eluding police or other driving related crimes please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Road Rage = Crime" »

Permalink 
 
May 21, 2010
  Police Chase Leads to Capture of Wanted Man
Posted By Robert Humphrey

As reported by Felice Freyer in the May 17, 2010 Providence Journal, a police chase led to the arrest of a Pawtucket man.  The RI State Police responded to a 911 call about a motorist hitting a Jersey barrier on Rt. 95 and continued driving.  The police were able to locate the vehicle and tried to stop it.  During the chase, the police learned the motorist was driving a stolen car.  The car chase ended on Gano Street when the motorist jumped from his car while it was running and proceeded to run away on foot. His car then rolled backwards into a house.  As the police pursued the motorist on foot, they observed him swallow a plastic bag, which the police believe contained heroin.  After the motorist was arrested, the police learned he was wanted on three outstanding warrants. The motorist also faces new charges of possession of a stolen motor vehicle, reckless driving, eluding a police officer, drunk driving (DUI), resisting arrest, simple assault, malicious damage and driving with a suspended license.

If you or a family member is charged with drunk driving (DUI), assault or other crimes, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.
Continue reading "Police Chase Leads to Capture of Wanted Man" »

Permalink 
 
April 14, 2010
  R.I. Bar Assoc. DUI: Beyond the Basics
Posted By Robert Humphrey

I am honored to have recently addressed the Rhode Island Bar Association in both Providence and Wakefield regarding the successful prosecution and defense of drunk driving (DUI, DWI, OUI) and Refusal cases.  As the Country strives for more stringent drunk driving laws, it is important for both prosecutors and defense attorneys to be aware of the most recent case law in connection with drunk driving and/or Refusal to Submit to a Chemical Test cases.  This continuing legal education program focused on the issues beyond the basics of these types of complicated cases.  Significant recent cases addressing 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 were analyzed.  Emphasis was given to the teaching of advanced trial techniques and practice pointers for the successful prosecution and defense of DUI and Refusal cases.

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 Newport County (Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton), Washington County (Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, Westerly), Kent County (Coventry, Cranston, East Greenwich, Foster, Johnston , Scituate, Warwick, West Greenwich, West Warwick), or Providence County (Barrington, Bristol, Burrillville, Central Falls, Cumberland, East Providence, Glocester, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Smithfield, Warren, Woonsocket), please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey, Esq. at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com

Continue reading "R.I. Bar Assoc. DUI: Beyond the Basics" »

Permalink 
 
April 12, 2010
  Cumberland DUI
Posted By Robert Humphrey

Cumberland Police Department charges:  (1) DUI and (2) Refusal to Submit to a Chemical Test.

Resolution:  Based on my defense motions and argument before the Court, the DUI charge before the 6th Division District Court was amended to Reckless Driving and the Refusal to Submit to a Chemical Test charge before the Rhode Island Traffic Tribunal was dismissed.  The benefit of this disposition is that my client did not sustain a criminal conviction or the usual three (3) to six (6) month loss of license in connection with a DUI charge or the usual six (6) to twelve (12) month loss of license in connection with a Refusal charge.

If you or a family member has been charged with DUI, DWI, drunk driving, Refusal to Submit to a Chemical Test and/or Reckless Driving, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

Continue reading "Cumberland DUI" »

Permalink 
 
April 08, 2010
  DUI and Deportation
Posted By Robert Humphrey

As reported by Kate Bramson in the April 6, 2010 Providence Journal, the Rhode Island State Police arrested an "erratic driver who apparently caused on accident on Route 10 early Monday morning and is now charged with drunk driving and facing deportation."  It is alleged that the driver is in this Country illegally and has been charged by the Rhode Island State Police with obstruction of a police officer, driving without a license, chemical test refusal, DUI and reckless driving.

If you or a family member have been charged with a DUI, Refusal to Submit to a Chemical Test and/or Reckless Driving, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "DUI and Deportation" »

Permalink 
 
March 25, 2010
  Video Voyeurism
Posted By Robert Humphrey

A three (3) year suspended sentence with probation is the sentence received by a Barrington man charged in 2005 with video voyeurism.  The Barrington man pled guilty to one (1) count video voyeurism after he took an inappropriate photograph of a young girl at his Warren coffee shop.

 

As reported by Linda Borg in the March 24, 2010 Providence Journal, the video voyeurism law “was enacted in 2004 to protect people from being secretly photographed or videotaped.  The crime carries a penalty of up to three years in prison and a $5,000.00 fine.”  The Barrington man was also charged with one (1) count of possession of marijuana.  “At the time of his arrest, the police said they had found photos of the girl on Byrne’s digital camera along with images of more than fifty ‘unsuspecting’ adult women.”

 

If you or a family member has been charged with a sex crime in Rhode Island, including video voyeurism, please allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "Video Voyeurism" »

Permalink 
 
March 04, 2010
  R.I. District Court Prosecutors Association
Posted By Robert Humphrey

I am honored to have recently addressed the R.I. District Court Prosecutors Association regarding the successful prosecution and defense of  drunk driving (DUI, DWI, OUI) and  Refusal cases.  Communities represented at this District Court Prosecutors Association meeting included, but were not limited to Barrington, Bristol, Burrillville, Cranston, East Greenwich, East Providence, Foster, Lincoln, Narragansett, North Kingstown, Pawtucket, Smithfield, South Kingstown and Tiverton.

The presentation included a review of the most recent case law in connection with drunk driving and refusal to submit to chemical test cases.  These cases address the admissibility of chemical test results, the admissibility the standardized field sobriety tests, and the statutory and constitutional rights of a suspect to a timely release on bail.

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 Newport County (Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton), Washington County ( Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham, North Kingstown, Richmond, South Kingstown, Westerly), Kent County ( Coventry, Cranston, East Greenwich, Foster, Johnston , Scituate, Warwick, West Greenwich, West Warwick), or Providence County (Barrington, Bristol, Burrillville, Central Falls, Cumberland, East Providence, Glocester, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Smithfield, Warren, Woonsocket), please allow  Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process.   Contact Robert H. Humphrey, Esq. at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "R.I. District Court Prosecutors Association" »

Permalink 
 
February 22, 2010
  Richmond, RI Woman Charged with OUI
Posted By Robert Humphrey

In the February 15, 2010, Providence Journal, reporter Mike Stanton, reports that a Richmond woman involved in an accident in Foxboro, Massachusetts has been charged with a second offense Operating under the Influence of Alcohol charge and a charge of Operating Under the Influence of Alcohol resulting in Serious Injury.  During the alcohol-related accident, the passenger of the vehicle was ejected and he was injured when the truck rolled over him.  Both the operator and the passenger were transported to Rhode Island Hospital to treat their injuries.

 

If you or a family member has been charged with drunk driving, refusal or any other alcohol-related driving offense in either Rhode Island or Massachusetts, please allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process.
Continue reading "Richmond, RI Woman Charged with OUI" »

Permalink 
 
February 19, 2010
  St. Patrick’s Day in Newport
Posted By Robert Humphrey

With the Newport St. Patrick’s Day parade just around the corner, it is important to remember that both the Newport Police and the Middletown Police have increased their alcohol enforcement patrols.  The 2009 St. Patrick’s Day parade saw an unprecedented amount of Salve Regina University and other college students apprehended for the unlawful possession of an alcoholic beverage.

 

The first offense penalties for the possession of an alcoholic beverage by an underage person include a $150.00 to $750.00 fine, thirty (30) hours of community service, and a minimum sixty (60) days suspension of his or her driver’s license.  The penalties for  furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment for a period not exceeding six (6) months or both.  In addition the Newport Municipal Court fine for an open container has dramatically increased in recent years.

 

Please allow  Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process when you have been charged with an alcohol offense in Newport, RI.

Continue reading "St. Patrick’s Day in Newport" »

Permalink 
 
February 03, 2010
  Middletown DUI and REFUSAL charges dismissed
Posted By Robert Humphrey

Middletown, Rhode Island charges:  (1) DUI, (2) Refusal to Submit to a Chemical Test, and (3) Speeding.

 

Resolution:  Before the Rhode Island Traffic Tribunal the Refusal to Submit to a Chemical Test charge and the Speeding charge and before the Newport County District Court the DUI charge were dismissed based on my argument that my client had been informed of the wrong Rights for Use at the Station.

If you or a family member has been charged with DUI, DWI, drunk drivingRefusal to Submit to a Chemical Test and/or Reckless Driving, please allow  Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you through the legal process.  Contact Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.  

Continue reading "Middletown DUI and REFUSAL charges dismissed" »

Permalink 
 
January 22, 2010
  R.I. League of Cities /Towns Director Charged with DUI
Posted By Robert Humphrey

“The executive director of the Rhode Island League of Cities and Towns was pulled over by the Cranston police and charged with drunken driving on Sunday night,” as reported by Steve Peoples, State House Bureau Reporter, in the January 13, 2010 Providence Journal.

 

Prior to his arrest, the Executive Director confirmed “that he had been drinking at home” and had to go out regarding “a family matter.”  The executive director stated “I hadn’t planned on going out,… but I did go out, which was stupid.”

 

If you or a family member has been charged with DUI, DWI, drunk driving or Refusal to Submit to a Chemical Test, please contact  Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

Continue reading "R.I. League of Cities /Towns Director Charged with DUI" »

Permalink 
 
January 18, 2010
  DUI Charge Against Federal Prosecutor Dismissed
Posted By Robert Humphrey

On Monday, January 11, 2010, the Warwick DUI charge against Federal Prosecutor for the District of Rhode Island Gerard B. Sullivan was dismissed based on his plea to the Refusal to Submit to a Chemical Test charge at the Rhode Island Traffic Tribunal.  In many Rhode Island DUI and Refusal cases the State and Municipal Prosecutors are willing to consider the dismissal of the criminal DUI charge in exchange for a Defendant’s plea to the civil Refusal charge at the RITT if it is a first offense and there is no accident.

 

For more information regarding drunk driving cases, please see my article entitled Effects of Revised Regulations on Drunk Driving and Refusal Cases, which is published in the July/August, 2008 edition of the Rhode Island Bar Journal, and which can be found on my Attorney Profile page. 

 

If you or a family member has been charged with drunk driving or refusal to submit to a chemical test please contact Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.
Continue reading "DUI Charge Against Federal Prosecutor Dismissed" »

Permalink 
 
December 23, 2009
  East Providence DUI Case
Posted By Robert Humphrey

East Providence charges:  (1) DUI, (2) possession of marijuana, (3) driving while in possession of a controlled substance, (4) refusal to submit to a chemical test, and (5) presence of alcohol while operating a motor vehicle.

 Resolution:  All five (5) East Providence Police charges were dismissed based on Defendant’s Motion to Suppress-Invalid Stop/Seizure of Defendant.

If you or a family member has been charged with drunk drivingrefusal to submit to a chemical test or possession of a controlled substance, please contact Robert H. Humphrey, Esq. at (401) 816-5862 or E-mail him at rhh@rhumphreylaw.com.

Continue reading "East Providence DUI Case" »

Permalink 
 
December 15, 2009
  SOCIAL HOST DISPOSITIONS
Posted By Robert Humphrey

Rhode Island DUI and Alcohol Offense Lawyer Robert H. Humphrey uses his over fifteen (15) years of legal experience as both a prosecutor and defense attorney to successfully guide his clients through the legal process when they have been charged with a violation of the RI Social Host Laws as follows:

 

Criminal charge:  Transportation of alcohol by a minor in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:  The Narragansett Police charge of transportation of alcohol by a minor was dismissed based on Defendant’s Motion to Suppress/Dismiss – Invalid Stop/Seizure.

 

Criminal charge:  Furnishing or procurement of alcoholic beverages for underage persons in violation of R.I.G.L. 3-8-11.1 and R.I.G.L. 3-8-11.2.

Potential penalty:  The first offense penalties for the furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment not exceeding six (6) months or both.

Resolution: The Newport Police charge was dismissed.

 

Criminal charge: Furnishing or procurement of alcoholic beverages for underage persons in violation of R.I.G.L. 3-8-11.1 and R.I.G.L. 3-8-11.2.

Potential penalty:  The first offense penalties for the furnishing or procurement of alcoholic beverages for underage persons include a $350.00 to $1,000.00 fine and/or imprisonment not exceeding six (6) months or both.

Resolution:  The two (2) Newport Police charges were dismissed.

 

Criminal charge:  Transportation of alcoholic beverages by underage persons in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:  The Newport Police charge was dismissed.

 

Criminal charge:  Possession of alcohol by underage persons in violation of R.I.G.L. 3-8-10.

Potential penalty:  First offense penalties for possession of alcohol by an underage person includes a $150.00 to $750.00 fine, thirty (30) hours of community service, and a minimum sixty (60) day license suspension.

Resolution:  the South Kingstown Police charge was dismissed.

 

Criminal charge:  Transportation of alcoholic beverages by underage persons in violation of R.I.G.L. 3-8-9.

Potential penalty:  First offense penalties include a fine of not more than $250.00 and a license suspension of not more than thirty (30) days.

Resolution:   The Narragansett Police charge was dismissed based on Defendant’s Motion to Suppress/Dismiss – Invalid Stop/Seizure.

 

If you or a family member has been charged with a violation of the Rhode Island Social Host Laws, please contact Robert H. Humphrey, Esq. at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.

Continue reading "SOCIAL HOST DISPOSITIONS" »

Permalink 
 
December 14, 2009
  RHODE ISLAND SOCIAL HOST LAWS
Posted By Robert Humphrey

 During this Holiday Season, it is important to remember the tragedies and near tragedies involving alcohol which occur throughout Rhode Island during this time of year.  These alcohol-related tragedies have led to the adoption of Rhode Island's Social Host Laws which encompasses both criminal and civil liability.  From the Rhode Island Supreme Court’s holdings in Martin v. Marciano and Willis v. Omar, it is clear that the Court is considering the issue of Social Host Liability.  In Martin, the Court held that if a “defendant provided alcoholic beverages to underage partygoers as the plaintiff alleges, or had actual knowledge of the presence and consumption of alcohol by underage drinkers on her property, then defendant was duty-bound to exercise reasonable care to protect the plaintiff from physical assault by persons expected to be in attendance or those acting at their behest.”  In Willis, the Court reasserted its longstanding precedent of refusing to adopt Social Host Liability and stated “we have only imposed such a duty where a special relationship exists.  Although we have recognized social-host liability in limited circumstances, we have done so when alcohol was illegally provided to minors and injuries related.  Such a special relationship is not present in the case on appeal.”  In declining to overturn the Court’s well-settled precedent, because “no special duty – triggering relationship” existed between the hosts and the guests in this case, the Court found that the issue of liability “for social hosts whose guests cause harm is a matter that belongs in the Legislature.”  The Court in noting the “public policy concerns surrounding drunk driving and the resulting carnage on our highways,” deferred to the legislative function of the General Assembly.

 In July of 2008, Governor Carcieri signed revisions to the Social Host Laws increasing the penalties and closing a perceived loophole.  The 2008 version of the statute prohibits the consumption of alcohol by underage persons anywhere on a homeowner’s property.  The revisions also address the possession of alcoholic beverages by underage persons and the transportation of alcoholic beverages by underage persons.

 For more information regarding Social Host Liability, please see my article on Social Host Liability which was published in the November/December 2009 edition of the Rhode Island Bar Journal and which is attached to my Attorney Profile page with the permission of the Rhode Island Bar Journal.

Continue reading "RHODE ISLAND SOCIAL HOST LAWS" »

Permalink 
 
December 07, 2009
  Happy Holidays!
Posted By Robert Humphrey

HAPPY HOLIDAYS from Attorney Robert H. Humphrey and the staff of the Law Offices of Robert H. Humphrey located at 8 Neck Road in Tiverton, Rhode Island  (401) 816-5862.   Please visit our website at www.HumphreyDUI.com.

Continue reading "Happy Holidays!" »

Permalink