Driving Under the Influence, BAC Unknown (1st Offense), in West Warwick RI
Charges
- Driving Under the Influence, BAC Unknown (1st Offense), in violation of R.I.G.L. § 31-27-2;
- Resisting Arrest, in violation of R.I.G.L. § 12-7-10;
- Simple Assault, in violation of R.I.G.L. § 11-5-3;
- Refusal to Submit to a Chemical Test, in violation of R.I.G.L. § 31-27-2.1
Court Information
West Warwick, Rhode Island
Kent County
Kent County District Court (3rd Division)
Case Overview
A West Warick Police Officer came upon a running vehicle that was stopped in the middle of the roadway. The officer activated his emergency lights and approached the lone driver on foot. The vehicles tires drifted over the fog line, and then the center lane. Upon approaching the driver’s side door, the officer observed a half-empty beer bottle in the front console. The operator emitted a strong odor of an alcoholic beverage. He also had slurred speech, delayed response, and bloodshot, watery eyes. He refused to comply with the officer’s command to shut the engine off and to exit the vehicle. The officer reached inside and turned off the ignition. The man then shined a flashlight in the officer’s face, continuing to refuse to exit the physical. The officer forcefully removed the man who struggled with the officer, by flailing his arms and legs. As the man was placed into custody, he threatened to both kill and shoot the officer. Once on his feet, he fell repeatedly due to his level of intoxication, which prevented the officer from safely administering any field sobriety tests. He also refused to participate in any breath tests, which the officer offered to him. The man was arrested charged criminally in Rhode Island District Court with Driving Under the Influence, Resisting Arrest, and Simple Assault, and charged civilly in the Rhode Island Traffic Tribunal with Refusal to Submit to a Chemical Breath Test and multiple traffic infractions. He retained RI Criminal Defense Lawyer, John L. Calcagni III, to defend him in these matters.
The man was a Guatemalan Citizen and U.S. Resident A criminal conviction of any kind could have adverse immigration consequences for him. Miraculously, Attorney Calcagni successfully persuaded prosecutors to dismiss the client’s criminal charges in exchange for his acceptance of responsibility to civil charges in the Rhode Island Traffic Tribunal. The man agreed to this result, which spared him from any complications that could have arisen from his immigration status.
Case Result
Dismissed.