DUI – .15 or Greater Amended to Reckless, No Loss of License

Lat week, the Law Offices of Richard S. Humphrey was scheduled to begin a trial. The Defendant had been charged with DUI – .15 or greater and miscellaneous traffic offenses.

Troopers observed the Defendant traveling at a speed greater than the normal flow of traffic. The vehicle abruptly swerved into the breakdown lane almost striking the Troopers. Upon approaching the vehicle the Defendant was slumped in the drivers seat and non-responsive. The Defendant took a breathalyzer which resulted in readings of .153 and .176. The Defendant is diabetic.

The prosecution team amended the DUI charge to Reckless Driving. The traffic charges were dismissed. The Defendant suffered no loss of license.

DUI – Amended to Reckless Driving

Yesterday, the Law Offices of Richard S. Humphrey appeared at a pretrial conference for a DUI case.  At that time, the prosecution team amended the charge of DUI to reckless driving.  The reckless driving charge was filed for one year.  Therefore, the defendant did not sustain a criminal conviction.

Additionally, the defendant’s charge of Refusal to Submit to a Chemical Test was also dismissed.

DUI and Refusal Dismissed

Yesterday, the Law Offices of Richard S. Humphrey appeared for a pre-trial conference for a Defendant charged with DUI. The prosecution team decided they lacked sufficient evidence to go forward and dismissed the DUI charge.

Additionaly, the prosecution team also dismissed the related Refusal to Submit to a Chemical Test charge.

Therefore, the Defendant was exhonerated of all charges. A great victory!

DUI Dismissed Prior to Trial

Yesterday, the Law Offices of Richard S. Humphrey was scheduled to begin a DUI trial. The prosecution team lacked sufficient evidence to go forward and dismissed the charge.

DUI – Amended to Reckless Driving on Day of Trial

Yesterday, the Law Offices of Richard S. Humphrey was scheduled to begin another DUI trial. The Defendant had been observed driving the wrong way on a one way street. The Defendant failed all field sobriety tests. Before the trail began, the prosecution team amended the DUI charge to Reckless Driving with no loss of license.

The case will be filed for one year, therefore the Defendant did not sustain a criminal conviction.

DUI Trial – Not Guilty

Yesterday, the Law Offices of Richard S. Humphrey completed a DUI trial. The Defendant was observed to be driving erratically, had blood shot, blurry eyes, and failed all field sobriety tests. After trial, the Judge found the Defendant Not Guilty. A great victory!

DUI Amended to Reckless Driving – No Loss of License

Yesterday, the Law Offices of Richard S. Humphrey was scheduled to begin a trial for a client charged with DUI, possession of marijuana, and driving while in possession of controlled substance. The Defendant took a breathalyzer test and the results were .167 and .165. Before beginning trial, the prosecution team amended the DUI charge to reckless driving. The charges of possession of marijuana and driving while in possession of controlled substance were dismissed by the prosecution.

The Defendant did not sustain a loss of license. The Defendant did not sustain a criminal conviction. The case will be filed for one year and then expunged.

DUI Amended to Reckless Driving at Arraignment

Today, The Law Offices of Richard S. Humphrey appeared for the arraigment of a defendant charged with DUI – .15% or greater. The Law Offices of Richard S. Humphrey argued that the case should be dismissed because the thirty-day rule mandated by R.I.G.L. § 31-27-2(h) had not been met.

R.I.G.L. § 31-27-2(h) provides, in pertinent part, as follows:

All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. 

The Prosecution team amended the charge to Reckless Driving with no loss of license. The case will be filed for one year. Therefore, the defendant did not sustain a criminal conviction and will not suffer from a license suspension.

DUI Dismissed after Prosecution Presented Evidence

On Thursday, The Law Offices of Richard S. Humphrey began a DUI trial. The Defendant failed all field sobriety tests and submitted to a chemical breath test. The results were a 0.167%.  After the Prosecution team presented its case, the Law Offices of Richard S. Humphrey moved to dismiss for lack of evidence. The motion was granted and the case was dismissed.

Refusal Dismissed Midway Through Trial

Today, The Law Offices of Richard S. Humphrey began a Refusal trial. Midway through trial, the Prosecution team decided to dismiss the case. A great victory for our client!