A Practical Guide to Trying DUI Cases in Rhode Island
Practice tips for prosecution and defense – from the stop to the trial
- Product Number: 2110366EBK
- Publication Date: 1/30/2024
- Edition: 2nd Edition 2024
- Copyright: © 2024 MCLE, Inc.
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Product Description
Product Description
Designed specifically for lawyers who defend and prosecute drunk driving cases in Rhode Island, A Practical Guide to Trying DUI Cases in Rhode Island is a first for the State of Rhode Island. Editor Richard S. Humphrey, Esq. of Tiverton, RI has assembled a winning cadre of DUI experts to join him in developing this must-have resource, which offers practical, seasoned guidance backed by case law and statutory authorities. A Practical Guide to Trying DUI Cases in Rhode Island has been tailored to serve as a practice resource for both Rhode Island prosecutors and defense counsel.
Among the hundreds of valuable practice tips, current case citations, and tested trial strategies for both sides of the counsel table, you will find guidance on:
- Statutory authority for DUI stops, arrests, and testing;
- Potential collateral consequences that can arise when a client is misinformed;
- Self-incrimination and due process issues associated with second offense refusals;
- Case law governing prosecutorial access to a suspect's blood and to records of his/her blood content in these various settings;
- Various types of field sobriety testing, test device technology, including new infrared technology;
- Physiological aspects of alcohol consumption in the human body;
- Methods of operating test devices, administering tests, and reporting results;
- How testing devices are calibrated and maintained;
- Issues that regularly arise during the course of a prosecutor's investigation into the viability of a case and his or her preparation for trial;
- A spectrum of pretrial motions in Rhode Island DUI cases;
Featured are sample jury instructions, a checklist of motions, cresting case law and sample pleadings, as well as key citations to statutes and regulations. Use this book as a reference resource when preparing for your first – or next – DUI case in Rhode Island.
Recent updates:
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Update: February 2024
Dear Subscriber:
Thank you for choosing to stay current in the area of DUI practice with this new edition of A Practical Guide to DUI Cases in Rhode Island . In this edition, you will find coverage of such topics as these:
- The "refusal statute." See chapter 1 for discussion of the practical impact of refusing a chemical test when requested to do so by a law enforcement officer. The state's burden of proof is set forth.
- First communications with the client. Chapter 2 provides pointers regarding maintaining confidentiality, timing of the call proximate to detention, and managing the independent medical examination requirement.
- Second offense and refusal. Understand the expanded penalties associated with second offenses, as set out in chapter 3. The chapter also addresses the five-year lookback period.
- Blood evidence. Get a briefing on statutory authority in chapter 4.
- Postarrest breath test. Chapter 5 discusses admissibility of the evidence. The chapter also features a table comparing various types of alcohol and their properties.
- The right to a physical examination. Chapter 6 distinguishes this right from the right to an additional chemical test, and the practical implications of each.
- "Dedicated" statutory provisions and court rules that implicate search and seizure. See chapter 7 for discussion of these sources of authority.
- Police and prosecution perspectives on DUI. Chapter 8 provides a unique perspective on the matters that police and prosecutors must attend to, including review of the defendant's criminal history, review of factual and legal strengths of the case, demonstrating the element of operation, and more. The chapter also discusses the indicia of intoxication.
- Pretrial motions practice. Chapter 9 sets forth various motions and discusses, among other important issues, the time limitations on filing of motions.
- DUI sealing and expungements. This edition adds an entirely new chapter on the criteria and procedures surrounding both sealing and expunging the record. See chapter 12.
We at MCLE trust that you will find this new material useful in your litigation practice, and valuable in keeping your law library current.
Cordially,
MCLE Press
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Update: February 2024
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Table of Contents
Table of Contents
expand allChapter 01 expandStatutory Authority for Rhode Island Drunk Driving Law
Buy ChapterChapter 02 expandThe “Midnight Call”—Handling Your First Communications with a Potential Client
Buy ChapterChapter 03 expandSecond Offense and Refusal Cases
Buy ChapterChapter 04 expandBlood Evidence in the Prosecution of DUI Cases
Buy ChapterChapter 05 expandBreathalyzer, Alcohol, and Field Sobriety Tests
Buy ChapterExhibit 5A
- Preliminary Breath Test Rules and Regulations 2006 Buy FormChapter 06 expandRight to a Physical Examination
Buy ChapterChapter 07 expandSearch and Seizure in Drunk Driving Cases
Buy ChapterExhibit 7A
- Rhode Island’s Search Warrant and Implied Consent Statutes: Biological Material and Legislative Abrogation of State v. Dearmas and State v. DiStefano Buy FormChapter 08 expandPreparing the DUI Case in Rhode Island from the Perspective of the Police and Prosecution
Buy ChapterExhibit 8A
- Training Guide for Successfully Navigating a DUI Investigation Buy FormChapter 09 expandPretrial Motions Practice in Criminal Cases in State Court
Buy ChapterChapter 10 expandAppeals of First-Offense Refusal Convictions
Buy ChapterChapter 11 expandDUI Sealing and Expungement
Buy ChapterExhibit 11A
- District Court Motion and Affidavit to Expunge or Seal Record Buy FormExhibit 11B
- Request to Seal Record—Case Dismissed 48(a) Buy FormExhibit 11C
- Superior Court Motion and Affidavit to Expunge or Seal Record—Misdemeanor Buy FormExhibit 11D
- Superior Court Motion and Affidavit to Expunge or Seal Record—Felony Buy FormChapter 12 expandIgnition Interlock Devices and Hardship Licenses
Buy ChapterExhibit 12A
- Sample Hardship Affidavit Buy FormChapter 13 expandRhode Island Department of Motor Vehicles
Buy ChapterChapter 14 expandDriving Under the Influence of Marijuana
Buy ChapterAppendices expandAppendices
Buy ChapterAppendix A
- Case Law Pertaining to Drunk Driving Prosecution and Defense Buy FormAppendix B
- Search and Seizure Without Warrants Checklists: An Explanatory Note, Overview, and Table of Contents Buy FormAppendix C
- Exculpatory Evidence Checklist Buy FormAppendix D
- Stipulated Protective Order Governing the Disclosure and Use of Confidential Material Buy FormAppendix E
- Defendant’s Jury Instructions for DUI Cases Buy FormAppendix F
- Selected Rhode Island Motor Vehicle Offenses Pertinent to Driving Under the Influence of Liquor and Drugs Buy FormAppendix G
- Significant Case Decisions Buy FormAppendix H
- Excerpts from Rhode Island Department of Health Manuals Buy FormAppendix I
- Trial Notebook Checklists Buy FormAppendix J
- Department of Health—State Laboratories and Medical Examiner Buy FormChecklist A1
- Bail Revision Buy FormChecklist A2
- Daubert Issues Buy FormChecklist A3
- Sealing the Record Buy FormChecklist A4
- Expungement Buy FormChecklist A5
- Sentencing Buy FormChecklist A6
- Pretrial Issues and Objections Buy FormChecklist A7
- Evidentiary Foundations Buy FormChecklist A8
- Motions in Limine Buy FormChecklist A9
- Voir Dire Buy Form - Editors & Authors