As reported by Parker Gavigan on the Channel 10 News, two men have been arraigned in connection with a horrific crash which occurred last month. The two (2) men are accused of racing each other and causing an accident in which two (2) people were killed. The two men were arrested by East Greenwich Police and one is charged with driving to endanger – death resulting, the other is charged with drunk driving – death resulting. It is unclear whether the man submitted to a chemical test.
Pursuant to Rhode Island General Laws 31-27-1, driving to endanger – death resulting is defined as when the death of any person ensues as a proximate result of an injury received by the operation of any vehicle in reckless disregard of the safety of others, including violations of § 31-27-22, the person so operating the vehicle shall be guilty of "driving so as to endanger, resulting in death". The penalties if convicted include imprisonment for not more than ten (10) years and have his or her license to operate a motor vehicle suspended for no more than five (5) years.
Pursuant to R.I.G.L. 31-27-2.2, drunk driving – death resulting 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 if convicted include:
(1) Every person convicted of a first violation shall be punished by 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 drunk driving (DUI), drunk driving – death resulting or drunk driving – serious injury resulting, 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.