Massachusetts DUI Attorney Blog

A Charlestown father known for crusading against reckless driving after his son was killed in a motorcycle accident has been charged with drunk driving in Rhode Island, according to Channel 10.

Richard "Robin" Foote, 60, was charged on Tuesday with driving under the influence, reckless driving, refusal to submit to a chemical test and disorderly conduct. Police say he was chasing a teen driver whom he claimed ran the same red light where his son was killed. A Rhode Island DUI defense lawyer will review the facts and circumstances in this case. But, without the results of a breathalyzer examination, Foote could stand a good chance of having a first-offense drunk driving charge reduced or dismissed.
An attorney may also challenge probable cause for questioning and arresting Foote for DUI.

Police say the 16-year-old girl ran into the police station about 9:30 p.m. and that Foote followed her into the station and said he was "turning her in," according to Channel 10. The girl told police Foote tailgated her and then pulled around her and slammed on his brakes. She said she drove to the police station because she was frightened.

His son was killed in May when his motorcycle was hit by a woman who ran a red light on Route 1. That driver had a record of 19 previous driving violations and is expected to be sentenced on Dec. 17. The Colin B. Foote Act was signed into law over the summer and creates tougher penalties for habitual traffic offenders.

Continue reading "Man facing Rhode Island DUI charges after chasing teen to police station for running red light" »

A 37-year-old Massachusetts man was arrested at his lawyer's office in Providence last week on criminal charges in connection with a Rhode Island drunk driving accident.

Drunk driving accidents often result in very serious criminal charges. Consulting an experienced Rhode Island DUI defense lawyer is critical and arranging to surrender to charges through your attorney is also a very smart move. Your attorney can assert your rights to remain silent and make sure your rights are protected against overzealous investigation or interrogation by law enforcement.

The Providence Journal reports that James Manning, 37, faces charges of driving without a license, running a red light and driving under the influence of drugs or alcohol, death resulting. Police had reportedly been looking for him for several days after collecting evidence they say indicates he was under the influence when he allegedly ran a red light and crashed into another car on Sept. 18.

Witnesses reported seeing Manning's Ford SUV run a red light at Mineral Spring Avenue, where it struck another car. Both Manning and his passenger were thrown from the vehicle. His passenger later died as a result of his injuries.

Manning had been taken to Memorial Hospital in Pawtucket for treatment after the accident; detectives reportedly obtained a consent to search for his hospital records to determine whether drugs or alcohol were found in his system.

Police had obtained a warrant for his arrest but had not been able to locate him at Massachusetts addresses in Woonsocket and Milford.

The Journal reports that Manning has never been licensed to drive in Rhode Island, but has 18 outstanding traffic tickets, including several charges of reckless driving and operating without a license. He also has a long history of criminal violations and has been in and out of prison for most of the last two decades.

Continue reading "Massachusetts man charged in Rhode Island drunk driving accident that claimed life of friend" »

An article in the Providence Journal blames complex drunk driving laws in Rhode Island for the state's low conviction rate and high number of serious and fatal DUI accidents.

While it's true that hiring an experienced DUI defense lawyer in Rhode Island can have a drastic impact on the outcome of your case, the article overstates the ease with which a Rhode Island DUI charge will be dismissed if the motorist accepts a plea to the breathalyzer refusal charge at the Rhode Island Traffic Court. First, DUI charges brought by the State police generally are not dismissed in exchange for a plea at the Rhode Island Traffic Court. When it happens, it generally occurs because of a weakness in the State's case, meaning that the State would probably not be able to prove the DUI offense beyond a reasonable doubt. Typically, the State will require a plea on the DUI offense. Many other towns have begun to take this approaching refusing to dismiss DUI charges in exchange for a plea at the traffic court. As a result, it is important to hire an experienced Rhode Island DUI lawyer.

Additionally, a motorist who does accept a plea at the Traffic Court faces a license loss of a minimum of six month as opposed to three months under Rhode Island DUI law. The journal article compares Rhode Island DUI laws with other states but overlooks the fact that Rhode Island does not have a work or hardship license unlike Massachusetts. Accordingly, any suspension for DUI or a breathalyzer refusal under Rhode Island law is a strict suspension where the motorist will be unable to drive for the entire duration of the suspension. Further, judges at the Traffic Tribunal can impose a suspension up to one year for a first offense refusal and do not always impose the minimum sanction for refusing a breathalyzer test.

Under Massachusetts OUI law, a first time offender has the potential to obtain a hardship license within three business days of the typical first offense suspension of 45 days. If the motorist refuses in Massachusetts, the motorist who admits to the charge can also get a hardship on the six month breathalyzer refusal suspension and essentially avoid incurring any economic hardship as a result of a conviction. Since there is no hardship license in Rhode Island, the penalty for a first time offender is felt more directly by the motorist.

Continue reading "Rhode Island DUI penalties in district court and at the Traffic Tribunal for breathalyzer refusal" »

Rhode Island is taking steps to be more aggressive in identifying and prosecuting drivers who are operating under the influence of drugs, the Providence Journal reported.

Some states utilize "drug recognition experts" to question drivers who may be under the influence of something other than alcohol. Other states require a blood test in the wake of a fatal accident. But Rhode Island law requires probable cause -- reason to believe there is impairment -- before additional measures, such as a blood test, can be undertaken. With increased police training of officer to become drug recognition experts, cases of DUI drug arrests are likely to increase in Rhode Island. These cases can often be difficult for the State to prove as a Rhode Island criminal defense lawyer can challenge the admissibility of drug recognition testimony as scientifically unreliable and can challenge the basis of the officer's opinion that a motorist was under the influence of drugs.

A Rhode Island DUI lawyer should always represent a DUI defendant, particularly in cases where a serious or fatal accident is involved. And law enforcement should have reason to believe a crime has been committed before they are permitted to order invasive drug testing or otherwise invade your privacy.

The International Association of Chiefs of Police recommends that drug-recognition experts examine all fatal crashes. The program began in California in the 1970s. That state now has about 1,000 so-called experts. Arizona has about 500 and all six New England states began the year with a total of 240.

Continue reading "Arrests for DUI drugs in Rhode Island likely to increase " »

A Rhode Island Superior Judge ruled that breathalyzer test results should be suppressed from evidence at a DUI trial in a January 27, 2009 decision. The case was State v. Cote, where the judge ruled that because the defendant refused to submit to a preliminary breathalyzer test, that the defendant could not be asked to submit to a breathalyzer test at the police station. Under the language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, once a defendant refuses a breathalyzer test, no test shall be given.

The trial judge reviewing the plain language of the Rhode Island breathalyzer refusal statute, 31-27-2.1, which states that if a defendant refuses a breathalyzer test, none shall be given, and held that the language of the statute precludes the police from offering a breathalyzer test once a motorist refuses to submit to a preliminary breathalyzer test. As a Rhode Island DUI lawyer, this ruling is significant as it could result in the exclusion of breathalyzer test results. Since the decision is from a superior court judge and not the Rhode Island Supreme Court, other judges may decline to follow the decision.

Continue reading "Rhode Island DUI lawyers may be able to exclude breathalyzer test results based on recent court ruling" »

Rhode Island DUI law imposes a civil penalty for a first offense refusal to submit to a breathalyzer test. If a motorist refuses a breathalyzer for a second time within five years, the current law imposes a criminal penalty.

However, this law can be challenged on a number of grounds. First, a strong argument can be made that a court cannot enhance a sentence based on a civil finding that is not proven beyond a reasonable doubt. In a case called, Apprendi v. New Jersey, 530 U.S. 466 (2000), the United States Supreme Court held that the that due process clause of the Fourteenth Amendment requires that any factor that increased the maximum penalty for an offense must be charged in an indictment and submitted to a jury and proven beyond a reasonable doubt. An exception to this rule is a prior conviction. However, a First Offense Refusal to Submit to a breathalyzer test should not constitute a prior conviction because a motorist charged with a breathalyzer refusal does not have a right to a jury trial and the State does not have to prove the case beyond a reasonable doubt but only by clear and convincing evidence.

In addition, the Rhode Island breathalyzer refusal law is open to challenge in that it criminalizes a motorist for exercising his or her privilege against self-incrimination.

Continue reading "Rhode Island DUI law and breathalyzer refusal penalties " »

A 47-year-old Rhode Island woman is being extradited to Massachusetts, where she will face drunk driving charges, The Sun Chronicle reported.

Massachusetts State Police have charged the defendant with operating under the influence of alcohol, second offense, and operating under the influence resulting in serious injuries, negligent operation, speeding and a marked lanes violation.

The Massachusetts drunk driving charges stem from a weekend car accident in Foxboro.

Anyone facing charges for a repeat-violation of Massachusetts drunk driving laws, should contact an experienced Boston OUI defense lawyer. Repeat offenders face hefty fines and longer jail time and license suspension. Being charged with drunk driving in connection with a car accident is a very serious legal matter. An experienced Boston criminal defense lawyer can help protect your rights.

In this case, the defendant's passenger remained in the hospital in serious condition on Monday. The 48-year-old North Attleboro man was thrown from the defendant's truck as a result of the accident, which occurred on I-95 shortly before 5 p.m. on Saturday.

The driver lost control of the truck on the highway's southbound lane, careened across all three travel lanes and struck a tree in the median, the Providence Journal reported.

Rhode Island state police said the woman waived extradition in Sixth District Court in Providence on Monday. Police arrested the woman early Sunday at a Rhode Island Hospital, where she was treated for minor injuries after the accident.

Continue reading "Woman facing Massachusetts drunk driving charges after Foxboro accident" »

Rhode Island DUI law divides cases into two categories, cases with breathalyzer test results and breathalyzer refusal cases. When a motorist refuses a breathalyzer, generally there are two charges brought from the same incident. One is the misdemeanor criminal case for DUI in the Rhode Island District Court and the other is the civil motor vehicle offense of a breathalyzer refusal.

A Rhode Island driver faced with a breathalyzer refusal has a chance to contest the refusal at a trial in the Rhode Island Traffic Tribunal. The motorist will essentially have to win at both the Traffic court and district court to avoid any license suspension for the DUI or breathalyzer refusal.

Unlike Rhode Island, Massachusetts has a more complex process to challenge a breathalyzer refusal suspension. Rather than giving the motorist a date for arraignment and trial, Massachusetts puts the burden on the motorist to go to the Registry in Boston within 15 days to contest the refusal. In Massachusetts, the motorist will only have one court date to appear in the district court to face the DUI, also referred to as OUI charge.

Continue reading "Rhode Island and Massachusetts DUI and breathalyzer refusals " »