Driving Under the Influence, BAC Unknown (1st Offense) in Warwick Rhode Island
Charges
- Driving Under the Influence, BAC Unknown (1st Offense), in violation of R.I.G.L. § 31-27-2
- Refusal to Submit to a Chemical Test, in violation of R.I.G.L. § 31-27-2.1
Court Information
Warwick, Rhode Island
Kent County
Kent County District Court (3rd Division)
Case Overview
A Warwick Police Officer conducted a traffic stop of a vehicle he observed commit moving violations that included speeding (traveling 55 mph in a posted 35 mph zone) and causing its tires to cross the center line. Upon approaching the lone operator, the officer observed an empty fireball nip in the center console. The operator had a strong odor of an alcoholic beverage, slurred speedy, bloodshot and watery eyes, and was slow to respond. He agreed to participate in standardized field sobriety tests and failed all three including the horizontal gaze nystagmus, the one leg stand, and the nine stop walk and turn tests. The man refused to participate in a preliminary breath test. Once back at the Warwick Police Station, the man also refused to participate in a chemical breath test. As such, the man was charged criminally in Rhode Island District Court with Driving Under the Influence and civilly in the Rhode Island Traffic Tribunal with Refusal to Submit to a Chemical Breath Test and multiple traffic infractions. He retained RI DUI Lawyer, John L. Calcagni III, to defend him in these matters.
The man had several DUI charges in his history, which made resolving this case particularly challenging. However, over time, Attorney Calcagni eventually persuaded prosecutors to dismiss the client’s criminal case in exchange for his acceptance of responsibility to the civil refusal charge in the Rhode Island Traffic Tribunal.
Case Result
Dismissed.