Rhode
Island DUI Defense
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Island DUI Defense Attorney – 401-861-1155
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Rhode Island DUI Information
Rhode Island DUI Laws and Penalties
Defending your RI DUI Accusation
Rhode Island Breathalyzer
Refusal information
Defending your RI Breathalyzer Refusal
What to expect at your Rhode Island DUI Trial
Field Sobriety Test information
DUI Stops for Reasonable Suspicion
Rhode Island Court Information
Rhode
Island DUI Lawyer Joshua Macktaz provides aggressive
and effective representation to individuals facing DUI
(Driving Under the Influence) and related Rhode
Island drunk driving offenses such as breathalyzer
refusal. A former Rhode
Island Special Assistant Attorney General from 1993-1997
Attorney Macktaz has extensive experience with DUI as
a prosecutor and has used that knowledge to successfully
defend hundreds of private clients accused of drunk driving
offenses.
Before becoming
a private Rhode Island Drunk Driving Defense Lawyer,
Attorney Macktaz lectured in-coming police academy cadets
as a AG Prosecutor on proper drunk driving investigations
and prosecutions. This unique experience has afforded
Mr. Macktaz a wealth of knowledge not readily available
to the average criminal defense attorney.
Early intervention by a qualified and experienced Rhode
Island DUI Attorney is critical to success in
your case.
Defending your Rhode Island DUI Accusation
As a former Special
Assistant Attorney General, Mr. Macktaz intimately understands
the elements of a Rhode Island DUI. They are the following:
- The State Must Prove Beyond a Reasonable Doubt
- The Defendant
operated a motor vehicle
- The event happened in the State
of Rhode Island
- Under the influence of an intoxicating
liquor
Understanding
these provides the opportunity to defend this using
one or many of these types of defenses.
Challenging
the Constitutionality of the Stop
- The Police cannot stop a driver unless he has reasonable
suspicion to believe a crime has been, or is about to
be, committed. The police may state an individual for
any traffic violation.
- Roadblocks have been held unconstitutional
in Rhode Island.
- A car cannot be stopped based on an anonymous
tip or 911 call.
Challenging the Field Sobriety Tests
The National Highway Traffic Safety Administration is
the Government agency that regulates standardized field
sobriety testing. According to NHTSA, when performed
and tested healthy individuals the following results
were found:
•
The one-leg stand test is only 65% accurate for BAC
above .10%
•
The walk-and-turn test is only 68% accurate for BAC
above .10%
•
Nystagmus test was only 77% accurate for BAC above .10%
According to the National Highway and Traffic Safety
Administration’s own training manual, improperly
administered field sobriety tests do not produce reliable
evidence of intoxication. NHTSA does not endorse non-standardized
field sobriety tests such as; reciting the alphabet,
counting backwards or picking up an object. This means
there is no scientific foundation for the officer to
justify giving you this test or that your performance
can translate into intoxication.
Challenging
the Admissibility of the Breath Test Results
- The police must have probable cause to request you submit
to a chemical test for purposes of a criminal charge.
- The police must advise you of your right to have an
independent chemical test performed by a physician or hospital
of your choosing and afforded a reasonable chance to exercise
this right.
- The police must observe you for at least 15 minutes
prior to you taking the breath test. *See article on
"Mouth Alcohol” in the article section of
this site.
- A true copy of the breath test results must
be mailed to you within 72 hours of the test.
- The breath
test machine must be in full compliance with the regulations
set out by the Department of Health.
- The breath test operator
must be certified within 365 days of the test.
- Two complete samples must be given within a 30 minute
period.
- The two samples must be within a .05% agreement
of each other.
Using
Booking Room and/or Patrol Car Videos
Many police stations have video surveillance to record
all suspects during processing. Additionally, more and
more patrol cars are equipped with mounted video equipment
which records everything from the stop of the car to
the field sobriety testing at roadside. Gaining access
to these videos may provide exculpatory evidence showing
the favorable performance and balance of the suspect.
The video will also capture the officer’s administration
of the test which, if given improperly, would provide
a basis to challenge the officer’s credibility.
Independent
Witnesses
It is not just the prosecution who is allowed to call
witnesses at trial. If you were in direct contact with
one or more people shortly prior to your arrest, you
may call them to testify to your lack of intoxication.
It may be your passenger, the waitress at the restraint
you ate, the bartender where you just left or even the
family who picked you up from jail. Any lay witness,
meaning they do not have to be an expert, can testify
to their opinion regarding your sobriety.
Miranda
Warnings not Given
Any interrogation that takes place while in police custody
must have been preceded by a Miranda warning. If not
given, any statements made as a result of questioning
would be excluded from trial. This is particularly important
when incriminating statements were made by you after
your arrest.
Failure
to Conduct Observational Period
Rhode Island law requires the police to observe a suspect
for at least 15 minutes prior to administering a breath
test. This is because any mouth alcohol, which could
be the result of recent alcohol consumption, hiccupping,
burping or vomiting, would cause a false elevated reading.
Expert
Witnesses
The defendant has an absolute right to present expert
witnesses in his own defense. DUI law is extremely complex
and it may be necessary to call an expert to testify
to such issues as; toxicology, chemistry, biology, breath
testing instrumentation and/or functioning.
Medical
and Health Problems
Pre-existing medical conditions related to your brain,
legs, neck, back and vision can eliminate the validity
of field sobriety testing results. Acid reflux, diabetes,
certain prescription medicines can have a dramatic effect
on your breath alcohol testing results.
Bad Weather
Weather reports establishing high winds, low visibility,
and other conditions are available to explain poor driving
or poor balance.
Retrograde
Extrapolation
When you consume alcohol, it takes time for it to absorb
into your system. Essentially, you could have a number
of beers or alcohol and not feel the effects to sometime
later after you stop drinking. When a breath test is
given you at the police station, it could very well
be up to an hour after you were last driving. The breath
test will give a result for what your BAC at the time
of the test, but what about your BAC an hour prior,
when you were actually driving? Retrograde extrapolation
is the formula for determining BAC at a prior time.
This may very well lead to your BAC being below the
legal limit at the time you were actually driving, even
though it was above the limit at the time of the test.
Interfering
Substances
The breath testing machine works by measuring the amount
of alcohol in your breath. If you have been exposed
to certain fumes, substances and/or particles, a false
reading could very well take place. A common example
of this is a painter who is exposed to, and has been
inhaling, certain paint fumes throughout the day. Other
substances such as cough drops, Listerine, or ethanol
based products could have an impact as well.
Operating
on Private Property
Operation is an essentially element to Driving under
the Influence. Where you actually operating the car
or just sitting in or near it? Was your car on a public
or private road? Was your car being operated on a Rhode
Island road or a road that is owned by the Federal Government?
A throughout investigation of where you were actually
observed operating your car is required for a successful
defense.
Contact Rhode
Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible.
Rhode Island DUI Lawyer
Rhode
Island DUI Lawyer Joshua Macktaz provides aggressive
and effective representation to individuals facing DUI
(Driving Under the Influence) and related Rhode
Island drunk driving offenses such as breathalyzer
refusal. A former Rhode
Island Special Assistant Attorney General from 1993-1997
Attorney Macktaz has extensive experience with DUI as
a prosecutor and has used that knowledge to successfully
defend hundreds of private clients accused of drunk driving
offenses.
Before becoming
a private Rhode Island Drunk Driving Defense Lawyer,
Attorney Macktaz lectured in-coming police academy cadets
as a AG Prosecutor on proper drunk driving investigations
and prosecutions. This unique experience has afforded
Mr. Macktaz a wealth of knowledge not readily available
to the average criminal defense attorney.
Early intervention by a qualified and experienced Rhode
Island DUI Attorney is critical to success in
your case.
You need a Rhode
Island Drunk Driving Attorney who is knowledgeable
about Rhode Island criminal laws on matters of drunk
driving (also known as DUI, DWI, driving under
the influence, drunk driving, and driving while intoxicated).
Aggressively protecting client's rights and freedoms
in criminal and DUI cases is what Rhode Island Defense
attorney Joshua Macktaz does for a living, every day
in courts across Rhode Island. He is available at anytime
at (401) 861-1155 to discuss your case. Because Rhode
Island Rhode Island Drunk Driving Lawyer Joshua Macktaz serves all towns in
Rhode Island, you never need to worry about him not practicing
in your town.
MOST RECENT WINS:
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.
Result: 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.
Result: 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.
Result: 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.
Result: 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.
Result: 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.
Result: Count One: DISMISSED
Count
Two: DISMISSED
Count
Three: DISMISSED
Count
Four: DISMISSED
Count
Five: DISMISSED
Contact Rhode
Island DUI Lawyer Joshua Macktaz by Email or call today at (401) 861-1155 and we will respond
to you as soon as possible
Rhode Island DUI Information
Rhode Island DUI Laws and Penalties
Defending your RI DUI Accusation
Rhode Island Breathalyzer
Refusal information
Defending your RI Breathalyzer Refusal
What to expect at your Rhode Island DUI Trial
Field Sobriety Test information
DUI Stops for Reasonable Suspicion
Rhode Island Court Information
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice. |
