As reported by Donita Naylor in the September 8, 2014 edition of the Providence Journal, a Richmond man entered a plea to a charge of drunk driving – death resulting. He was sentenced to fifteen (15) years at the ACI with eight (8) years to serve, seven (7) years suspended with probation. He will lose his license for five (5) years once he is released from prison. He will also be required to undergo alcohol treatment. The Judge imposed additional penalties of fifty (50) hours of community service, DUI school and $5,000.00 fine.
Pursuant to Rhode Island General Laws 31-27-2.2, drunk driving death resulting 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.
The incident here involved a rollover accident. Another passenger in the vehicle was not seriously injured. The driver did submit to blood test at the hospital and had readings of .10. The legal limit is .08.
If you or a family member has been charged with drunk driving – death resulting, drunk driving 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.