June 2013 Operating Under the Influence (OUI) Second Offense

Motor Vehicle Offenses

Report:

A Rhode Island motorist was stopped by police in Massachusetts and charged with Operating Under the Influence of Alcohol (OUI) Second Offense. The charge stemmed from a motor vehicle stop for a traffic violation. The police officer who stopped the motorist detected an odor of alcohol emanating from the motoristӳ vehicle. Further investigation led to the administration by police and failure by the motorist of a series of field sobriety tests. Police placed the motorist under arrest and transported him back to the station. There he failed a chemical breath test which measured his Blood Alcohol Content (BAC) at .17. As a result the motorist was charged with Negligent Operation of a Motor Vehicle; Marked Lanes Violation; and OUI Second Offense due to the motorist having an old RI Driving under the Influence (DUI) conviction.

The motorist hired Attorney Calcagni to defend him against this charge. Attorney Calcagni first sought to attack this case by filing a motion in the RI Court to expunge or seal the motoristӳ old DUI conviction there. Attorney Calcagni was successful in this regard in that he filed the motion successfully argued it in Court and ensured that it was granted by the Court. Once the RI record was expunged or sealed Attorney Calcagni provided proof to the Commonwealth and MA Courts that in the eyes of the law the motorist was now considered a first-time offender. On this basis he successfully moved to have the OUI Second Offense charge reduced or amended to OUI First Offense.

Attorney Calcagni then successfully negotiated with the prosecutor and convinced the Court to allow his client to enter an OUI first-offender program. This program also known as the 24D Program provides that if a motorist pays a series of fees and assessments; successfully completes court-ordered OUI classes; and remains out of trouble for a probationary period of 12 months the case will be dismissed and the motorist will not incur a criminal record or conviction from this event. The Court adopted Attorney Calcagniӳ argument and allowed the motorist to enter into the first offender program.

Congratulations to this individual.

Criminal Case Result:

  • Operating Under the Influence (OUI) Second Offense: Reduced to First Offense with First Offender Disposition to Avoid Criminal Conviction