Product Description

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

Chapter 01 expand

Statutory Authority for Rhode Island Drunk Driving Law

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Stefanie A. Murphy, Esq., Law Offices of Stefanie A. Murphy LLC

Chapter 02 expand

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

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Brianna C. Repetto, Esq., Repetto Law LLC

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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B. Jean Rosiello, Esq., MacFadyen, Gescheidt & O'Brien

Chapter 05 expand

Breathalyzer, Alcohol, and Field Sobriety Tests

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Angelica Bovis, Esq.,

Exhibit 5A

- Preliminary Breath Test Rules and Regulations 2006 Buy Form

Chapter 06 expand

Right to a Physical Examination

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Richard S. Humphrey, Esq., Law Offices of Richard S. Humphrey

Chapter 07 expand

Search and Seizure in Drunk Driving Cases

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Brianna C. Repetto, Esq., Repetto Law LLC

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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Stefanie A. Murphy, Esq., Law Offices of Stefanie A. Murphy LLC

Chapter 10 expand

Appeals of First-Offense Refusal Convictions

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Richard S. Humphrey, Esq., Law Offices of Richard S. Humphrey

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

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