As reported by Tony Gugliotta on the May 30, 2012 edition of channel 10 news, a Lincoln woman has been sentenced in a drunk driving – serious injury resulting case. In April of 2011, the woman caused a serious accident in Warwick, RI when the car she was driving crossed the road and crashed into another driver. The other driver and five (5) other passengers were injured. The woman was charged with five (5) counts of drunk driving – serious injury resulting and refusal to submit to a chemical test.
She was recently sentenced to ten (10) years at the ACI with two (2) to serve on work release. She will be on home confinement for three (3) years and then five (5) years of probation. Additional penalties include a two (2) year loss of license upon her release from prison and she will be required to have an ignition interlock device at her home and car. She has agreed to pay restitution to the victims.
Pursuant to Rhode Island General Laws 31-27-2.6, drunk driving – serious injury resulting is defined as when serious bodily injury of any person other than the operator is caused by the operation of any motor 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 serious bodily injury.
(b) As used in this section, "serious bodily injury" means physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ.
The penalties include imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. The license of the person may be revoked for a period of up to two (2) 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 refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title. In addition, the person convicted may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections.
If you or a family member have been charged with drunk driving – serious injury resulting, drunk driving 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. Please contact Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.