I am greatly honored to have once again been asked by the Rhode Island Bar Association to lecture the lawyers of the State of Rhode Island on the successful prosecution and defense of drunk driving (DUI / DWI / OUI) cases. The lecture, which is entitled "Drunk Driving: Detection, Prosecution and Defense," is the 2011 DUI Update for the members of the Rhode Island Bar Association.
Initially this educational program will address the five (5) basic components which every DUI prosecutor and DUI defense attorney need to consider in these types of cases. The five (5) basic components of the case are as follows:
1. Can the Prosecution establish the requisite reasonable suspicion to
stop the suspect's vehicle;
2. Can the Prosecution prove the suspect's operation of the vehicle;
3. Can the Prosecution demonstrate the necessary probable cause to
arrest the suspect;
4. Can the Prosecution prove that the suspect was under the influence
of intoxicating liquor and/or drugs to a degree which rendered him/her
incapable of safely operating a motor vehicle; and
5. Can the Prosecution prove compliance with R.I.G.L. 31-27-3
(the suspect's right to an independent physical examination by a
physician of his/her own choosing).
The Continuing Legal Education Program will then move beyond the basics of these types of complicated cases and address recent cases regarding the admissibility of chemical test results, the admissibility of the standardized field sobriety test results, and the suspect's statutory and constitutional rights to a timely release on bail. Throughout the program, emphasis will be given to teaching the audience the advanced trial techniques and practice pointers for the successful prosecution and defense of DUI and Refusal cases. See Drunk Driving: Beyond the Basics, published in the May/June 2010 edition of the Rhode Island Bar Journal.
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 and/or refusal to submit to a chemical test in Newport County ( Jamestown, Little Compton, Middletown, Newport, Portsmouth, Tiverton) or in any other city or town in the State of Rhode Island, 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 firstname.lastname@example.org.