Rhode Island DUI Lawyer, RI DUI, Criminal Defense Attorney, Domestic Assault & Battery, Personal Injury

Rhode Island Criminal Defense Attorney

S. JOSHUA MACKTAZ, Esquire

A Former Rhode Island State Prosecutor

with a concentration in Criminal Defense and Personal Injury Law

Rhode Island Defense Attorney Recent Results

MARIJUANA DEFENSE ATTORNEY MACKTAZ INTERVIEWED BY LAWYERS WEEKLY: Click here to Read the article

Most Recent Wins

Successful Rhode Island DUI DWI and Breathalyzer Refusal Case Defenses by Attorney Macktaz

Criminal Charges:     

Driving Under the Influence; Breathalyzer Refusal

Police Report: RI State Police observe Client drive over a curb at 4:30am in downtown Providence.  After stopping her vehicle, Police observe Client to have a strong odor of alcohol on her breath, bloodshot watery eyes and slurred speech.  Client took and failed 2 out of 3 field sobriety tests

Result:                                    

DUI: Reduced to Reckless Driving with NO loss of license
Breathalyzer Refusal: DISMISSED

 

Criminal Charges:     

Driving Under the Influence

Police Report: Woonsocket Police observe Client operating her motor vehicle erratically.  After observing a strong odor of alcohol, bloodshot and watery eyes and slurred speech, Police ask Client to take 3 field sobriety tests which she fails badly.  Client agrees to take the breathalyzer at the police station and blows a .185, more than twice the legal limit of .08

Result:                                    

DUI: Reduced to Reckless Driving with NO loss of license

 

Criminal Charges:     

Possession of Alcohol by a Minor

Police Report: Bristol Police on routine patrol observe a beer bottle thrown out of the passenger window of a vehicle in front of them.  Upon stopping the vehicle, police find a bottle of vodka and numerous bottles of beer around Client’s feet in the spot where Client had been sitting. 

Result:

  DISMISSED

 

Criminal Charges:     

Driving Under the Influence; Breathalyzer Refusal

Police Report: Client is involved in a roll-over accident, and Warwick Police find Client strapped in behind the wheel when they arrive on the accident scene.  Police note a strong odor of an alcohol, bloodshot and watery eyes, and extremely slurred speech.  When Client is removed from the vehicle she staggers into on-coming traffic nearly causing another accident.

Result:                                    

DUI:  DISMISSED
Breathalyzer Refusal:  DISMISSED

 

Criminal Charges:

DUI; Breathalyzer Refusal

Police Report: Client crashes vehicle into a parked car and flees the scene of the accident, but is identified by an independent witness. She is located lying on the ground a few blocks from the accident and is complaining about being covered in bugs. Cumberland police observe a strong odor of alcohol, bloodshot watery eyes, and mumbled speech.

Results:

DUI: REDUCED to Reckless Driving with NO LOSS of license
Breathalyzer Refusal: DISMISSED

Criminal Charges:

DUI (Second offense); Breathalyzer Refusal

Police Report: Client is observed weaving from lane to lane and bumping up against the curb by numerous motorists who contact the East Greenwich Police Department. Police find Client’s vehicle and observe Client weaving as well. When they activated their overhead lights, Client’s vehicle mounted the curb and struck a mailbox. Client had a strong smell of alcohol, bloodshot and watery eyes, and slurred speech, in addition to failing 3 field sobriety tests. Client is charged with a second DUI within 5 years.

Results:

DUI (Second offense) REDUCED to Reckless Driving with NO LOSS of license
Breathalyzer Refusal: DISMISSED

Criminal Charges:

Procurement of Alcohol by Minor

Police Report: Client enters a liquor store, chooses a case of beer and hands an undercover Smithfield Police officer pretending to be the store clerk a fake Delaware identification.

Results:

DISMISSED

Criminal Charges:

Breathalyzer Refusal

Police Report: Smithfield Police clock Client’s vehicle at 61 MPH in a 25 MPH zone and observe Client’s car drift over the center in into on-coming traffic twice. Police observe a strong odor of alcohol, bloodshot and watery eyes, and mumbled speech. Client needed to use the door frame of the car to get out of vehicle, failed 3 field-sobriety tests and admitted to drinking earlier in the evening.

Results:

NOT GUILTY AFTER TRIAL

Criminal Charges:

Refusal to Take a Breathalyzer Test

Police Report: A Warwick Police Officer on a fixed post at 2:30am observes Client “spinning his wheels” coming off the Jefferson Blvd. exit to 95 south. Officer observes Client’s vehicle to cross the center line on at least 2 occasions. After stopping Client, police officer observes strong odor of alcohol, bloodshot and watery eyes, and slurred speech. Client takes and fails 3 field sobriety tests.

Results:

Count One: DISMISSED

Criminal Charges:

Driving Under the Influence 1st Offense; Breathalyzer Refusal 2nd Offense

Police Report: East Providence Police observe Client weaving on 195E and then straddling the right breakdown lane. After stopping Client, and in addition to the usual observations of odor of alcohol, bloodshot eyes and slurred speech, police observe that Client’s pants are around his ankles and he has urinated himself.

Results:

DUI: REDUCED to Reckless Driving with no loss of license
2nd REFUSAL: DISMISSED

Criminal Charges:

Breathalyzer Refusal 2nd Offense

Police Report: Police respond to an accident involving serious injuries. Police observed client to have an extreme odor of alcohol, bloodshot and watery eyes and slurred speech. Client fails three (3) field sobriety tests and admits to police that he had consumed several alcoholic beverages.

Results:

DISMISSED

Criminal Charges:

Driving Under the Influence 1st Offense

Police Report: The police stopped client for driving 60MPH in a 25MPH zone, after observing client crossing double yellow lines on three (3) occasions. Police observed a strong odor of alcohol, extremely staggered gait, slurred speech and extremely bloodshot and watery eyes. Client failed three (3) field sobriety tests.

Results:

DISMISSED

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway; Lane Roadway Violation; Driving an Unsafe Vehicle; Failing to Notify Authorities after Accident

Police Report: Client struck a pedestrian with her vehicle and fled the scene of the crime. Police stopped client and observed two (2) flat tires, and heavy front-end damage to her vehicle. Police observed client to have a strong odor of alcohol emitting from her breath, bloodshot watery eyes and a reddish face. Client was unable to complete field sobriety tests and failed all three (3) tests.

Results:

Count One: DISMISSED
Count Two: DISMISSED
Count Three: DISMISSED
Count Four: DISMISSED
Count Five: DISMISSED

Criminal Charges:

Reckless Driving; Speeding (120MPH in a 55MPH zone)

Police Report: Client is operating his motorcycle on 95 north, and police report indicates he is “clocked” at 120MPH. Client is observed weaving in and out of traffic without use of turn signals, and tailgating. Police chase client for approximately 10 miles before coming to a stop.

Results:

Count One: NOT GUILTY
Count Two: NOT GUILTY

Criminal Charges:

Breathalyzer Refusal; Right Half of Roadway

Police Report: Police observe client’s vehicle cross solid yellow line with both driver’s side front and rear tires. Police observe client’s vehicle strike the right side curbing with his left front wheel. Police stop client and observe him to have a strong odor of alcohol on his breath, blood shot eyes, and a confused manner. Client fails three (3) field sobriety tests and registers a .210 on the preliminary breath test.

Results:

Count One: DISMISSED
Count Two: DISMISSED

Criminal Charges:

Driving Under the Influence

Police Report: Police respond to the report of a vehicle stopped in the middle of the roadway with an unconscious driver. The police approach client, wake her up, and then notice a strong odor of an alcoholic beverage, bloodshot watery eyes and slurred speech. Client fails three (3) field sobriety tests and admits to having a number of drinks earlier in the evening. Client is also extremely uncooperative with the arresting officer.

Results:

DISMISSED

Criminal Charges:

Breathalyzer Refusal; Refusal to Take Preliminary Breath Test; Operating an Unregistered Motor Vehicle; Operating without Proof of Insurance

Police Report: Client runs a stop sign and causes a major accident. Police arrive and observe client to have a very strong odor of alcohol on her breath, glassy and blood shot eyes. Client fails three (3) field sobriety tests, and is uncooperative with the police officers.

Results:

Count One: DISMISSED
Count Two: DISMISSED
Count Three: DISMISSED
Count Four: DISMISSED

Criminal Charges:

Driving Under the Influence

Police Report: Client is observed crossing over the center line on three (3) separate occasions while operating with her headlights off. Police stopped client and observed an odor of alcohol, bloodshot, watery and glassy eyes with mumbled speech. When client stepped from her vehicle, she had to balance herself by using her vehicle. Client then failed three (3) field sobriety tests.

Results:

DISMISSED

Successful Recent Rhode Island Criminal Case Defenses by Attorney Macktaz

 

Criminal Charges:     

Domestic Assault and Battery; Domestic Vandalism; Failure to Relinquish Phone

Police Report: Newport Police respond to a report of yelling and screaming at approximately 2:00am.  When they arrive alleged victim tells police that Client struck her, smashed her cell phone when she tried to call for help, and prevented her from using the home phone to call police.  Client admits to taking the phone out of the alleged victim’s hand and smashing it against a wall.

Result:   

Domestic Assault and Battery:    DISMISSED
Domestic Vandalism:                  DISMISSED
Failure to Relinquish Phone:       DISMISSED

Criminal Charges:

Possession with Intent to Deliver Marijuana

Police Report: Client’s vehicle is stopped for speeding by the RI State Police. Trooper smells an overwhelming odor of marijuana, searches the car, and discovers a quarter-pound of marijuana in Client’s duffle bag. Client confesses that he was driving to Providence to sell the marijuana to students and friends at Johnson and Wales University.

Results:

DISMISSED

Criminal Charges:

Operating on a Suspended License

Police Report: Client is arrested by the East Providence for operating on a suspended license as a result of a traffic ticket issued 15 years ago.

Results:

DISMISSED

Criminal Charges:

Failure to Register as a Sex Offender; Violation of 5 year suspended sentence

Police Report: Client’s arrest by the Pawtucket Police for failing to register as a sex offender triggers a violation of a previous suspended sentence for the exact same offense.

Results:

DISMISSED; Violation of Suspended Sentence Withdrawn

Criminal Charges:

Assault and Battery on a Police Officer; Disorderly Conduct

Police Report: Providence Police respond to a report of a woman lying on the sidewalk. Police arrive and discover Client highly intoxicated and yelling at her boyfriend. When police attempt to calm her down and further investigate the matter, she punches and kicks the police officer.

Results:

Count One: DISMISSED

Count Two: DISMISSED

Criminal Charges:

Domestic Assault and Battery

Police Report: Alleged victim contacts Cumberland Police and reports that she has been struck in the face by Client. Police arrive at Client’s home and see fresh red marks on alleged victim’s face and Client admits to slapping victim in the face. Client is arrested by the police.

Results:

DISMISSED

Criminal Charges:

Simple Assault and Battery

Police Report: Client and friends observe Providence meter-maid placing a ticket on a friend’s car at 3:00am. Client removes ticket and allegedly throws it back at the meter-maid, and then slams her leg in her car door as she tries to exit her vehicle. Alleged victim calls her co-workers at the Providence Police Department and Client is arrested.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Client and 3 friends are sitting in Client’s motor vehicle in a CVS parking lot rolling and smoking marijuana “blunts”. Cumberland police observe this activity and upon approaching the driver’s side of the vehicle they see Client in possession of the marijuana. Client then admits the marijuana is his in order to keep his friends out of trouble.

Results:

Count One: DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Client is a passenger in boyfriend’s vehicle which is stopped for speeding. Client puts marijuana and smoking device in her purse and behind driver’s seat as South Kingstown police officer approaches the vehicle. After smelling the scent of freshly burnt marijuana, officer searches Client’s purse and discovers the marijuana and arrests Client.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Narragansett police detectives respond to Client’s home to further investigate an unrelated break-in at Client’s home earlier in the week. When Client opens the door the detectives see a baggie of marijuana and smoking device in plain view on Client’s coffee table. Client admits that the marijuana is his and he is arrested by the detectives.

Results:

DISMISSED

Criminal Charges:

Possession of Alcohol by a Minor

Police Report: Client walks into a liquor store and brings chosen alcoholic beverages to counter for purchase. Client presents fake Delaware ID card to undercover Smithfield police officer working at the liquor store. Client is arrested by the officer.

Results:

DISMISSED

Criminal Charges:

Disorderly Conduct

Police Report: Lincoln Police respond to a report of a disorderly patron at the Twin River valet. Police find Client yelling and screaming at the valet in front of numerous other guests. Valet was concerned that Client had too much to drink and would not bring out the car. Client then begins to yell and scream at Lincoln Police and is arrested for Disorderly Conduct.

Results:

DISMISSED

Criminal Charges:

Assault and Battery

Police Report: Client is charged with assaulting bartender at Providence restaurant when asked to leave due to intoxication. Providence Police respond to the scene and have to chase client for a few blocks and then tackle Client in lobby of his hotel in order to arrest him.

Results:

DISMISSED

Criminal Charges:

First Degree Sexual Assault (rape)

Police Report: Alleged victim tells Providence Police that she is out with Client and a large group of friends in Providence. After spending the night “clubbing”, Client and a friend accompany alleged victim to her home while her mother is home. Alleged victim claims that Client sexually assaulted her in her bedroom while his friend watched. Alleged victim goes to R.I. Hospital for a rape-kit test, gives a written statement against Client, and testifies in court at Client’s bail hearing.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Rhode Island State Police stop Client’s vehicle on 95 South for speeding after a radar reading of 85MPH in a 65MPH. Trooper approach the vehicle and immediately detect the odor of freshly burnt marijuana. Client is taken from the car and searched, and Trooper finds marijuana in Client’s right front pants pocket.

Results:

DISMISSED

Criminal Charges:

Domestic Assault and Battery

Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: North Smithfield Police receive a report of passengers in a motor vehicle are shooting paint balls from the vehicle. Police stop Client’s vehicle because it matched the description of the car they were looking for. Police search Client’s vehicle and find 4 grams of marijuana in the center console. Client admits the marijuana is his.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Charlestown Police stop Client’s vehicle for speeding (80 MPH in a 55 MPH) and immediately detect a strong odor of marijuana coming from the vehicle. Police search Client and find 10 grams in Client’s right front pocket.

Results:

DISMISSED

Criminal Charges:

Possession of Marijuana

Police Report: Roger Williams University Police Police smell a strong odor of marijuana coming from Client’s dorm room. RWU police search the room and discover a water pipe, grinder and 10 individually wrapped bags of marijuana in Client’s drawer. Client admits the marijuana and paraphernalia belong to him.

Results:

DISMISSED

Criminal Charges:

Disorderly Conduct, Resisting Arrest

Police Report: Providence Police are breaking up a loud house party and Client refuses to leave the scene. After being ordered three (3) times to “move along”, Client refuses and makes a derogatory comment to the police. As police go to arrest Client, he resists having the handcuffs placed on him for approximately five (5) minutes.

Results:

DISMISSED

Criminal Charges:

Domestic Assault and Battery

Police Report: Johnston Police respond to a report of a domestic assault and battery between Client and his wife. Wife gives a written statement indicating that Client had struck her numerous times, and police observe wife to have redness and bruising around her right eye.

Results:

DISMISSED

Criminal Charges:

Possession with Intent to Deliver Cocaine; Possession of Cocaine between One Ounce and One Kilogram

Police Report: The police respond to a report of a domestic assault between my Client and her boyfriend. Upon arriving at the home, police report that they observe Client entering her motor vehicle in an attempt to leave the area. As police approach the vehicle to investigate the report of domestic assault, police observe a large bag containing a white powdery substance in plain view in center console of the motor vehicle. The substance later tested positive for cocaine, and weighed approximately three (3) ounces.

Results:

JURY VERDICT OF NOT GUILTY

Criminal Charges:

First Degree Child Molestation (2 counts)

Police Report: Client’s 17 year old step-daughter alleges that Client has been inappropriately touching her since she was a child. Step-daughter testified to two incidents of abuse amounting to first-degree child molestation. Client maintained his absolute innocence from day one, and Client was supported by the step-daughter’s mother, grandmother and brother, who all testified.

Results:

JURY VERDICT OF NOT GUILTY

Criminal Charges:

Domestic Assault and Battery; Violation of Suspended Sentence and Probation

Police Report: Mother of Client’s child and Client get into verbal altercation in a rented motel room. Alleged victim reports that Client slapped and choked after an argument over money. Police respond to the motel, and observe red marks and bruising on the alleged victim’s face and neck. An independent witness renting the room adjacent to Client’s room reports hearing a woman screaming “don’t hurt me” and “get off of me”. Client was on a 10 year suspended sentence and probation from a prior conviction.

Results:

VIOLATION OF PROBATION WITHDRAWN; CHARGES DISMISSED

Criminal Charges:

Harassing Phone Calls / Texts Messages Domestic

Police Report: Alleged victim, and former girlfriend of Client, reports to police that over the course of 2 days Client makes over 50 text messages threatening her, and the lives of her family. Alleged victim is able to show the police the actual text messages, and the police take photographs of the threatening text messages.

Results:

DISMISSED

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