Friday, March 28, 2014

DUI Charges Lowered to Reckless Driving in the Kent County District Court

Earlier this week, a Client facing a Rhode Island DUI charge with BAC Over 0.15 had his charge reduced on the day of trial.  The First Offense DUI charge was reduced to Reckless Driving.  Instead of facing the mandatory penalties required by Rhode Island's DUI laws (including a 3 to 12 month loss of license and thousands of dollars in fines and a mandatory criminal conviction), the Client was sentenced to a Filing (stay out of trouble for one year, not a criminal conviction), no loss of license and thirty hours of community service.

The case involved a motorist who was passed out behind the wheel on a local street.  The Police observed him to be severely intoxicated, noting bloodshot, watery eyes and slurred speech.  They also observed a strong odor of alcohol emanating from the Client while he performed, and failed, the field sobriety tests.  Back at the police station, the Client submitted to a breathalyzer which rendered readings over 0.15, more than two times the legal limit.

Attorney Matthew Marin was able to successfully argue in pre-trial negotiations that the State would be unable to prove, beyond a reasonable doubt, that the Client operated a motor vehicle while under the influence of alcohol in violation of Rhode Island's DUI statute.  Relying on Rhode Island Supreme Court case law, including State v. Capuano and State v. Lusi, the State agreed to reduce the charges on the day of trial and offered a disposition that included no loss of drivers license and would not result in a criminal conviction.

If you are facing a First Offense Drunk Driving Charge in Rhode Island, contact Attorney Matthew Marin today for a free, confidential consultation.  Attorney Marin is an experienced, aggressive, and skilled Rhode Island DUI Defense Attorney who knows Rhode Island DUI Law and the defenses that may be available to you in your case.  As a General Member of the National College for DUI Defense, Attorney Marin is constantly apprised all of the latest DUI related defenses that he can put to work for you.  Contact us 24/7 at 401-228-8271, visit our website at, or email us at

PHONE: 401-228-8271 



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