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A Practical Guide to Trying DUI Cases in Rhode Island

Practice tips for prosecution and defense – from the stop to the trial

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  • Product Number: 2110366EBK
  • Publication Date: 1/30/2024
  • Edition: 2nd Edition 2024
  • Copyright: © 2024 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • 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:

    • 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

  • Table of Contents

    Table of Contents

    expand all
    Chapter 01 expand

    Statutory Authority for Rhode Island Drunk Driving Law

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    Chapter 02 expand

    The “Midnight Call”—Handling Your First Communications with a Potential Client

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    Chapter 03 expand

    Second Offense and Refusal Cases

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    Nicholas A. Solitro, Esq., Robert E. Craven & Associates
    Chapter 04 expand

    Blood Evidence in the Prosecution of DUI Cases

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    Chapter 05 expand

    Breathalyzer, Alcohol, and Field Sobriety Tests

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    Exhibit 5A

    - Preliminary Breath Test Rules and Regulations 2006 Buy Form
    Chapter 06 expand
    Chapter 07 expand

    Search and Seizure in Drunk Driving Cases

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    Exhibit 7A

    - Rhode Island’s Search Warrant and Implied Consent Statutes: Biological Material and Legislative Abrogation of State v. Dearmas and State v. DiStefano Buy Form
    Chapter 08 expand

    Preparing the DUI Case in Rhode Island from the Perspective of the Police and Prosecution

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    Vincent M. McAteer, Cranston Police Department

    Exhibit 8A

    - Training Guide for Successfully Navigating a DUI Investigation Buy Form
    Chapter 09 expand

    Pretrial Motions Practice in Criminal Cases in State Court

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    Chapter 10 expand

    Exhibit 10A

    - Appeal Form Buy Form

    Exhibit 10B

    - Complaint Buy Form

    Exhibit 10C

    - Notice of Appeal Buy Form
    Chapter 11 expand

    DUI Sealing and Expungement

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    Allison C. Abilheira, Esq., Rhode Island Traffic Tribunal

    Exhibit 11A

    - District Court Motion and Affidavit to Expunge or Seal Record Buy Form

    Exhibit 11B

    - Request to Seal Record—Case Dismissed 48(a) Buy Form

    Exhibit 11C

    - Superior Court Motion and Affidavit to Expunge or Seal Record—Misdemeanor Buy Form

    Exhibit 11D

    - Superior Court Motion and Affidavit to Expunge or Seal Record—Felony Buy Form
    Chapter 12 expand

    Ignition Interlock Devices and Hardship Licenses

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    Allison C. Abilheira, Esq., Rhode Island Traffic Tribunal

    Exhibit 12A

    - Sample Hardship Affidavit Buy Form
    Chapter 13 expand

    Rhode Island Department of Motor Vehicles

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    Allison C. Abilheira, Esq., Rhode Island Traffic Tribunal
    Chapter 14 expand

    Driving Under the Influence of Marijuana

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    Matthew L. LaMountain, Esq., Law Office of Matthew L. LaMountain
    Appendices expand

    Appendices

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    Appendix A

    - Case Law Pertaining to Drunk Driving Prosecution and Defense Buy Form

    Appendix B

    - Search and Seizure Without Warrants Checklists: An Explanatory Note, Overview, and Table of Contents Buy Form

    Appendix C

    - Exculpatory Evidence Checklist Buy Form

    Appendix D

    - Stipulated Protective Order Governing the Disclosure and Use of Confidential Material Buy Form

    Appendix E

    - Defendant’s Jury Instructions for DUI Cases Buy Form

    Appendix F

    - Selected Rhode Island Motor Vehicle Offenses Pertinent to Driving Under the Influence of Liquor and Drugs Buy Form

    Appendix G

    - Significant Case Decisions Buy Form

    Appendix H

    - Excerpts from Rhode Island Department of Health Manuals Buy Form

    Appendix I

    - Trial Notebook Checklists Buy Form

    Appendix J

    - Department of Health—State Laboratories and Medical Examiner Buy Form

    Checklist A1

    - Bail Revision Buy Form

    Checklist A2

    - Daubert Issues Buy Form

    Checklist A3

    - Sealing the Record Buy Form

    Checklist A4

    - Expungement Buy Form

    Checklist A5

    - Sentencing Buy Form

    Checklist A6

    - Pretrial Issues and Objections Buy Form

    Checklist A7

    - Evidentiary Foundations Buy Form

    Checklist A8

    - Motions in Limine Buy Form

    Checklist A9

    - Voir Dire Buy Form
  • Editors & Authors

    Editor(s)

    Author(s)

    Allison C. Abilheira, Esq., Rhode Island Traffic Tribunal, Cranston
    Michael A. DiLauro, Esq., Rhode Island Department of Public Defender, Providence
    Christina Dzierzek, Law Offices Richard S. Humphrey, Tiverton
    Matthew L. LaMountain, Esq., Law Office of Matthew L. LaMountain, Warwick
    Vincent M. McAteer, Cranston Police Department, Cranston
    Brianna C. Repetto, Esq., Repetto Law LLC, Warwick
    Nicholas A. Solitro, Esq., Robert E. Craven & Associates, North Kingstown
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