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Not Guilty After Trial for Refusal to Submit to a Chemical Test in Rhode Island

July 2023

Our client was charged with Refusal to Submit to a Chemical Test and Driving Under the Influence of Alcohol in Rhode Island. Both have mandatory punishments of a license suspension, fines and fees, alcohol counseling or DUI school and community service. In addition, a DUI is a misdemeanor criminal offense in Rhode Island

We were able to obtain evidence, including video surveillance, in the case that showed our client did not show signs of being impaired. We decided to put the case on for trial at the Traffic Tribunal.

The trial at the Rhode Island Traffic Tribunal lasted 3 days. At the trial four witnesses were called to the stand. We cross examined the police officers by using the National Highway Traffic Safety Administration (NHTSA) Handbook. The judge found our client not guilty because there were no reasonable grounds for our client to submit to a chemical test due to a lack of evidence of impairment.

Our client was found Not Guilty of Refusal to Submit to a Chemical Test. Additionally, the criminal DUI in District Court was dismissed by the prosecution as a result of the judge's not guilty ruling on the Refusal charge. 

Practice area(s): Speeding / Traffic Ticket

Allyson Quay

Attorney Allyson Quay is an Associate Attorney for Ellison Law LLC.

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