Tiverton DUI 1st Offense Case Dismissed
Man arrested by Tiverton Police and charged in the Newport County Rhode Island District Court (2nd Division) for:
- Driving Under the Influence (DUI) in violation of RIGL § 31-27-2
- Refusal to Submit to a Chemical Test, in violation of RIGL § 31-27-2.1
Tiverton Police stopped a motorist leaving the Tiverton Casino for suspicion of driving under the influence after observing several traffic violations. Police approached the vehicle to advise the occupants of the reason for the Stop. As officers spoke with the operator, they immediately detected a strong odor of an alcoholic beverage emanating from inside the car and the man’s breath. Police also observed the man’s eyes to be bloodshot, watery, and glossy, and his speech to be slurred. When asked about his activities that evening, the man admitted to consuming beverages. He was asked to step out of the vehicle to perform the Standardized Field Sobriety Tests, which he refused to do.
Police then arrested the man was for suspicion of driving under the influence and transported back to the police station where he declined to participate in a chemical breath test. The police then charged him in District Court with the criminal misdemeanor offense of Driving Under the Influence and in Rhode Island Traffic Tribunal with the civil offense of Refusal to Submit to a Chemical Breath Test along with multiple traffic infractions. He retained RI DUI Lawyer, John L. Calcagni III, to defend him in these matters.
Case Result: Dismissed.
After appearing on the man’s behalf for multiple pretrial conferences, Attorney Calcagni and his team persuaded prosecutors to dismiss the client’s criminal DUI charge in exchange for his acceptance of responsibility to the civil offenses in the Rhode Island Traffic Tribunal. As such, the man’s criminal DUI charge was then sealed, leaving him with a clean criminal history.