Rhode Island State Police DUI Dismissed at Trial

In March of 2011, our Client was stopped on Rt. 195 by the Rhode Island State Police. The State Police stopped our Client based on a tip from another driver that he was driving erratically. Following the stop, our Client was arrested for drunk driving (DUI) and he submitted to the chemical test at the State Police barracks. The case was scheduled for trial in September of 2011.

Pursuant to Rhode Island General Laws 31-272, drunk driving is defined as, whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.

If convicted of drunk driving, our Client would have faced penalties including a fine of not less than one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual. Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500) which shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section. Any person convicted of a violation under this section shall be assessed a fee of eighty-six dollars ($86).

However, immediately prior to trial, based on Attorney Humphrey's knowledge of trial procedure and court rules and his experience with drunk driving cases, the State was unable to proceed forwards with the trial. The charge of drunk driving was dismissed. This successful disposition allows our client to maintain his clean criminal record and avoid any license suspension. Our Client is now eligible to have the matter expunged from his record.

If you or a family member has been charged with drunk driving, DUI – serious bodily injury or refusal to submit to a chemical test, 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

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