2011 was an extremely successful year for the clients of the Law Offices of Robert H. Humphrey. The laws pertaining to drinking and driving in Rhode Island are extremely harsh. The sanctions imposed by the Court in both drunk driving and Refusal cases can include a significant loss of license, extremely high fees, fines, and assessments, community service and DUI school. At the Law Offices of Robert H. Humphrey, we take the time to thoroughly examine every aspect of a DUI and/or Refusal case to provide our clients with the best criminal defense possible. A sample of some of the significant victories our clients achieved in connection with drunk driving and Refusal cases in 2011 are outlined below:
In December of 2010, our Client was stopped by the Bristol Police Department on the Portsmouth side of the Mount Hope Bridge. Our Client was charged with drunk driving ("DUI") and refusal to submit to a chemical test. In February of 2011, both charges were dismissed based on Attorney Humphrey's experience handling drunk driving cases and the law of extraterritorial arrests.
In January of 2011, our Client was charged by the South Kingstown Police Department with drunk driving ("DUI") and Refusal to submit to a chemical test ("Refusal"). Through a series of plea negotiations and legal issues raised through defense motions, Attorney Humphrey was able to have the DUI charge amended to reckless driving, with a one (1) year filing and the Refusal charge dismissed.
In December of 2010, our Client was charged by the Cumberland Police Department with drunk driving ("DUI") and failure to maintain a sufficient interval between vehicles following a serious accident. Through a series of plea negotiations and legal issues raised through defense motions, Attorney Humphrey was able to have the DUI charge amended to reckless driving. Our client received a one (1) year filing, which is not a criminal conviction.
In March of 2011, our Client was arrested by the Woonsocket Police Department and charged with drunk driving (DUI). Prior to his arrest, our Client was involved in a motor vehicle accident. Once at the station, our Client submitted to the chemical test. In May of 2011, the DUI charge was dismissed based upon our negotiations with the Prosecutor and Attorney Humphrey's experience, reputation and skill with drunk driving cases.
In January of 2011, our Client was arrested and charged with drunk driving ("DUI") by the Rhode Island State Police. At the police barracks, our Client submitted to the chemical test. Through a series of plea negotiations and legal issues raised in the case, Attorney Humphrey was able to have the DUI charge amended to reckless driving so our client received a one (1) year filing, which is not a criminal conviction and no loss of license.
In March of 2011, our Client was arrested and charged with drunk driving ("DUI") by the Coventry Police Department. At the police station, our Client refused to submit to the chemical test. Through a series of plea negotiations and legal issues raised in the case, Attorney Humphrey was able to have the DUI charge amended to reckless driving and the refusal charge dismissed. Our Client received a one (1) year filing, which is not a criminal conviction.
In February of 2011, our Client was arrested and charged with drunk driving ("DUI") by the East Greenwich Police Department. At the police station, our Client submitted to the chemical test. Through legal issues raised in the case, Attorney Humphrey was able to have the chemical test results suppressed. Immediately prior to trial, Attorney Humphrey was able to have the DUI amended to a reckless driving charge so our client received a one (1) year filing, which is not a criminal conviction and no loss of license.
In April of 2011, our Client was arrested and charged with drunk driving ("DUI") by the Woonsocket Police Department. At the police station, our Client refused to submit to the chemical test. Through a series of plea negotiations and legal issues raised in the case, Attorney Humphrey was able to have the DUI charge amended to reckless driving and the refusal charge dismissed so our client received a one (1) year filing, which is not a criminal conviction and the Court did not impose a period of license suspension.
In April of 2011, our Client was arrested and charged by the Coventry Police Department with drunk driving (DUI) and refusal to submit to a chemical test (Refusal). In May of 2011, the DUI charge was dismissed based upon the issue that Attorney Humphrey raised regarding reasonable suspicion to stop the vehicle and other legal issues. Immediately prior to trial, the Refusal charge was dismissed. Due to the dismissal of both the DUI and the Refusal, our client avoided lengthy license suspension, community service, DWI school, fines and a criminal record.
In May of 2011, our Client was arrested and charged with drunk driving ("DUI") by the Cumberland Police Department. At the police station, our Client submitted to the chemical test. Through a series of plea negotiations and legal issues raised in the case, Attorney Humphrey was able to have the DUI charge amended to reckless driving so our client received a one (1) year filing, which is not a criminal conviction and no loss of license.
In July of 2011, our Client was arrested and charged with drunk driving ("DUI") by the East Greenwich Police Department. Our Client submitted to a blood test. The blood test revealed that our Client's alcohol level was below the legal limit of .08. However, the blood test did reveal the presence of prescription medication. It is a common misconception that people cannot be charged with DUI if they are taking prescription medication. However, the law does not draw a distinction between prescription drugs and illegal drugs and people who drive while taking prescription medications can still be charged with driving under the influence of intoxicating liquor and/or drugs. In this DUI case, Attorney Humphrey was able to have the DUI amended to a reckless driving charge. Our client received a one (1) year filing, which is not a criminal conviction and no loss of license.
In March of 2011, our Client was stopped on Rt. 195 by the Rhode Island State Police. The State Police stopped our Client based on a tip from another driver that he was driving erratically. Following the stop, our Client was arrested for drunk driving (DUI) and he submitted to the chemical test at the State Police barracks. Immediately prior to trial, based on Attorney Humphrey's knowledge of trial procedure and court rules and his experience with drunk driving cases, the State was unable to proceed forwards with the trial. The charge of drunk driving was dismissed. This successful disposition allows our client to maintain his clean criminal record and avoid any license suspension.
In July of 2011, our Client was stopped by the North Smithfield Police Department. The North Smithfield Police stopped our Client based on a tip from another driver that he was driving erratically. Following the stop, our Client was arrested for drunk driving (DUI) and he submitted to the chemical test at the station. Due to legal issues that Attorney Humphrey raised in the case, the charge was amended to reckless driving so our client received a one (1) year filing, which is not a criminal conviction and only a thirty (30) day loss of license.
In August of 2011, our Client was stopped by the Portsmouth Police Department for an alleged traffic violation. Following the stop, our Client was arrested for drunk driving (DUI) and transported to the police station, where he refused to submit to the chemical test. In September of 2011, the DUI charge against our Client was dismissed based on Attorney Humphrey's knowledge and experience in DUI cases. In October of 2011, immediately prior to trial, the Refusal charge was dismissed because of legal issues raised by Attorney Humphrey. As a result our Client avoided a lengthy license suspension, fines, community service and DWI School.
In July of 2011, our Client was arrested and charged by the Middletown Police Department with drunk driving (DUI). Our Client was stopped by the police for traffic violations. During the course of the stop, police observed an open bottle of alcohol in the car. At the police station, our Client submitted to the chemical test and had readings almost three times the legal limit. Due to Attorney Humphrey's vast experience in drunk driving defense, he was able to have the charge amended to driving while impaired. A charge of driving while impaired is not a criminal offense, meaning it is not a criminal conviction. Once our Client completed all the penalties imposed, she was eligible to have the matter expunged immediately. If our Client instead was convicted of drunk driving, the matter would not be eligible for expungement for at least five (5) years. This allowed our Client to avoid disciplinary issues at school and to have a criminal clean record.
In August of 2011, our Client was arrested and charged by the Rhode Island State Police with drunk driving (DUI). At the police barracks, our Client submitted to the chemical test and had BAC readings over the legal limit. However, due to issues Attorney Humphrey raised regarding the field sobriety tests, the State acknowledged it would be difficult to proceed with a DUI observation charge. Therefore, in October of 2011, the State amended the DUI charge to reckless driving. The benefit of a reckless driving charge is twofold. First, a reckless driving charged can be filed. Under Rhode Island law, a filing is not a criminal conviction. Second, reckless driving does not have mandatory penalties, meaning no loss of license for our Client. This disposition was extremely beneficial to our Client who has a career in higher education, because our Client avoided a criminal conviction and did not suffer any loss of license.
When you or family member has been charged with drunk driving and/or Refusal to submit to a chemical test, your license and your liberty are in jeopardy. For over twenty (20) years, Attorney Humphrey has successfully handled both drunk driving and Refusal cases. For over fourteen (14) years, Attorney Humphrey has been a frequent lecturer for the Rhode Island Bar Association on the subject of drunk driving laws. In addition, he has authored/co-authored fifteen (15) articles which have been published in the Rhode Island Bar Journal regarding the topic of drunk driving and Refusal cases. When you or a family member has been charged with drunk driving and/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 Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com.