As reported by Donita Naylor in the October 2, 2012 edition of the Providence Journal, a Richmond man has been arrested and charged with drunk driving. He was allegedly driving 120 mph when he was stopped near a construction site. His three (3) young children were in the car with him. The man is currently being held as a probation violator.
Pursuant to Rhode Island General Laws 31-27-2, drunk driving is defined as whoever drives or otherwise operates any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3) and shall be punished as provided in subsection (d) of this section.
The penalties if convicted include a fine, community service, a period of license suspension, DUI school or alcohol counseling, fees and court costs. The penalties vary based on the BAC readings of the motorist.
However, the man could face harsher penalties because he had children in the car. Pursuant to R.I.G.L. 31-27-2(5)(ii): any person over the age of eighteen (18) who is convicted under this section for operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of these, while a child under the age of thirteen (13) years was present as a passenger in the motor vehicle when the offense was committed may be sentenced to a term of imprisonment of not more than one year and further shall not be entitled to the benefit of suspension or deferment of this sentence. The sentence imposed under this section may be served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
If you or a family member have been charged with drunk driving, drunk driving – children in the car or other alcohol offenses, 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.