Case Result

Westerly RI DUI Charge Reduced to Reckless Driving with Filing

November 25, 2023 | John L. Calcagni, III

Criminal Charges:

Man charged in Rhode Island District Court (4th Division), Washington County for:

Driving Under the Influence, BAC Unknown – 1st Offense, in violation of R.I.G.L. § 31-27-2
Refusal to Submit to a Chemical Test, in violation of RIGL § 31-27-2.1

Case Overview:

Westerly Police conducted a traffic stop after observing a vehicle drive over the yellow lines and run a stop sign. Police approached the vehicle occupied by a male driver and requested that he step out. Once outside, the officer immediately detected a strong odor of an alcoholic beverage emanating from both inside the car and the operator’s breath. Police also observed the man to be very unsteady on his feet, his eyes to be bloodshot, watery, and glossy, and his speech to be slurred. When asked about his activities that evening, he admitted to consuming alcoholic beverages. He agreed to perform the Standardized Field Sobriety Tests. Police allegedly observed several cues during the tests and arrested the man for suspicion of drunk driving and transported him back to the police station where he declined to participate in a chemical breath test. He was charged with the criminal misdemeanor offense of Driving Under the Influence in Rhode Island District Court and the civil offense of Refusal to Submit to a Chemical Breath Test and multiple traffic infractions in the Rhode Island Traffic Tribunal. He retained RI DUI Lawyer, John L. Calcagni III, to defend him in these matters.

Case Result: Amendment to Reckless Driving with a 1-Year Filing.

Attorney Calcagni and his team immediately began challenging the field sobriety tests and credibility of the officer who administered them. The prosecution was receptive to the challenges and agreed to amend the DUI charge to the less serious offense of reckless driving and resolved the case with a 1-year filing. Due to the man’s license already being suspended, Attorney Calcagni and his team persuaded the prosecutor to agree to no further loss of license as well as dismissal of the charges in the Rhode Island Traffic Tribunal. Under Rhode Island law, a “filing” calls for acceptance of responsibility to a charged offense but does not result in any punishment or criminal conviction. Instead, the case is filed for one (1) year and providing the man does not get in any trouble during this period, the matter will be eligible for expungement at its conclusion.