State Police DUI Accident Charge Amended to Reckless Driving

In February of 2012, our underage Client was arrested by the Rhode Island State Police and charged with drunk driving. Our Client had been involved in an accident. Our Client submitted to the chemical test at the barracks and had readings over twice the legal limit.

Pursuant to Rhode Island General Laws 31-27-2, 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 $100.00 to $500.00, ten (10) to sixty (60) hours of community service, one (1) month to eighteen (18) months loss of license, DUI school or alcohol treatment and additional fees and assessments. However, due to Attorney Humphrey's extensive experience in handling drunk driving cases, the DUI charge was amended to reckless driving.

Pursuant to R.I.G.L. 31-27-4, reckless driving is defined as 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 each subsequent conviction.

The amendment of the charge was extremely beneficial to our Client because he did not receive a criminal conviction. As a college student, it was important that he maintain a clean criminal record.

If you or a family member has been charged with drunk driving (DUI), refusal to submit to a chemical test or other 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

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