Common DUI Defense
Defending Rhode Island clients against criminal prosecution
If you should find yourself on the receiving end of a drunk driving charge in Rhode Island, as serious an accusation as this is, there is no need for hand-wringing or desperate despair. Not all DUI charges result in convictions. What can and does make the difference is an experienced Rhode Island drunk driving attorney who understands the nuances of RI DUI statutes, constitutional requirements and the technical manner in which evidence is based. Our Rhode Island DUI defense attorney team at The Law Offices of Stefanie A. Murphy, LLC has successfully defended countless clients to outright dismissals or reduced charges over our many years of practice. We can and will do the same for you.
It is no easy task for a prosecutor to make a strong DUI case. There are many hoops through which he/she must be made to jump. Even if you have failed the breath test, there are ways to challenge the admissibility of such evidence in order to suppress it. For example, if the police failed to mail you the results of your test within 72 hours, they lose their jurisdiction to prosecute you. If the officer had not been certified within the past year the results may be thrown out. If he failed to inform you of your right to take a more definitive chemical test or to see a doctor of your choosing to administer the test, the case can be thrown out. If you did not fully consent to the test, the results are void. If you were not accorded the opportunity to make a private phone call before taking the test, the results can be scrapped. And these are just a few of the many avenues of escape that can lead to a dismissal of a failed breath test in the hands of a competent Rhode Island DUI defense attorney.
Other factors that can accrue to your defense are based on constitutional and procedural factors. For example, if the officer did not have “reasonable suspicion to pull you over or probably cause to arrest you, no DUI accusation can stand. If he failed to read you your rights, the case will be thrown out. Was the test administered according to the exact procedures as prescribed by the manufacturer?
These are just a few examples of the manner in which a DUI accusation can be challenged to successful dismissal, or at least a reduction of charges. Remember, that if you have been arrested for DUI in Rhode Island, do NOT despair and, above all, do NOT elect to throw yourself upon the nonexistent mercy of the court. You need a defense attorney in your corner who has the inside knowledge and experience required to insure the best possible results. Call The Law Offices of Stefanie A. Murphy, LLC today at (401) 316-9423 or via email or contact us online to set up your free initial consultation.