As reported by Richard C. Dujardin in the July 31, 2013, edition of the Providence Journal, two (2) drunk driving – resulting in death defendants were recently sentenced. One man was charged by the Woonsocket Police Department with drunk driving – resulting in death and leaving the scene of an accident – resulting in death. The man was sentenced to fifteen (15) years imprisonment, with three (3) years to serve. The remainder of the time is suspended with probation. He will lose his license for five (5) years and be required to have an ignition interlock device on his motor vehicle if he is permitted to have his license reinstated. The other man was charged by the South Kingstown Police Department with drunk driving – resulting in death and driving to endanger – resulting in death. The man was sentenced to ten (10) years imprisonment, with three (3) years to serve. The remainder of the time is suspended with probation. He too will lose his license for five (5) years. The man was also ordered to pay restitution for the victim's medical expenses.
Pursuant to Rhode Island General Law 31-27-2.2, drunk driving – resulting in death is defined as when the death of any person other than the operator ensues as a proximate result of an injury received by the operation of any 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 death".
The penalties if convicted include imprisonment in the state prison for not less than five (5) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) and his or her license to operate a motor vehicle shall be revoked for a period of five (5) 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 the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
(ii) In addition, the person convicted may be required to successfully complete alcohol or drug treatment in a program of their choice, at their own expense, as authorized by a judge of the superior court, and may successfully complete the program before any license to operate a motor vehicle is renewed.
Leaving the scene of the accident (hit and run) is defined as the driver of any vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 31-26-3. A stop shall be made without obstructing traffic more than is necessary.
The penalties if convicted include any person knowingly failing to stop or to comply with the requirements under circumstances which result in the death of any person, shall upon conviction be punished pursuant to the provisions of this subsection as follows:
Every person convicted of a first violation of this subsection shall be punished by imprisonment in the state prison for not less than two (2) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentencing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), and his or her license to operate a motor vehicle shall be revoked for a period of three (3) 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 the refusal to issue a license, and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
If you or a family member has been charged with drunk driving, drunk driving – resulting in death or other DUI 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.