Rhode Island Domestic Violence Update

     The Rhode Island General Assembly and the law enforcement community in Rhode Island is consistently working to increase the penalties for domestic violence convictions.  They have also worked to revise classifications of certain crimes from misdemeanors to felonies.  As a result, on individual charged with a domestic violence crime in Rhode Island must take the charge very seriously and hire an experienced domestic violence attorney who will work to have the charges reduced or dismissed to avoid conviction and the harsh penalties associated with a domestic violence conviction.
     In 2012, the Rhode Island General Assembly revised the domestic violence law by classifying the crime of strangulation as a felony.  Prior to this legislation, strangulation was treated as a misdemeanor simple assault with a penalty of up to 1 year in prison.  Under the new classification as a felony, a conviction of domestic violence strangulation could result in up to 10 years in prison.
     Strangulation within a domestic relationship is defined in the statute R.I.G.L. Section 11-5-2.3 as "knowingly and intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person, with the intent to cause that person harm."  The individual accused of strangulation will be prosecuted for the crime of domestic violence strangulation if they are in a domestic relationship and as long as it can be proven that there was "intent to cause that person harm."  It does not need to be proven that the individual intended to kill the person.
     As with any newly enacted law, law enforcement is very aggressive in charging individuals under the new statute whether or not the crime can truly be classified as domestic strangulation as opposed to charging and individual with simple assault.  As a result, an individual could be facing up to 10 years in jail as a result of the felony charge as opposed to up to 1 year in jail for a misdemeanor assault.  Additionally, the charge of a felony applies to an individual without any prior convictions. Consequently, it is critical to have an experienced domestic violence attorney analyze the facts of your case to determine if law enforcement correctly charged the crime as domestic strangulation rather than a simple misdemeanor assault.  Any conviction under the domestic violence prevention act requires the implementation of a no contact order and domestic violence counseling.
      This new law has been criticized by many in the legal profession as being overly broad in it's scope and allowing for law enforcement to abuse its discretion by erroneously charging individuals with a domestic strangulation crime rather than a simple assault. An experienced domestic violence strangulation defense attorney is familiar with the facts needed to support a charge of strangulation and will defend an individual wrongly charged with strangulation and will seek to have the charge reduced.  This defense will make the difference in a person facing up to 1 year in jail or facing up to 10 years in jail with a felony conviction on their record.
      Furthermore, under the Domestic Violence Prevention Act each conviction for a domestic violence offense increases the punishment imposed by the Court.  For instance, a second misdemeanor domestic violence violation shall require imprisonment for a period of not less than 10 days and not more than 1 year.  A third and subsequent domestic violence violation is considered a felony and imprisonment of not less than one year and not more than 10 years will be imposed.  Consequently, each domestic violence charge must be defended by an experienced criminal defense attorney who must work toward a dismissal of the charge, reduction of the charge or a disposition that will not constitute a criminal conviction.  I have the experience to work for you to reduce your domestic violence charge or have it dismissed.
     I have been defending individuals charged with crimes such as domestic violence in Rhode Island in addition to all other crimes for over 20 years.  I have successfully and tirelessly worked to have charges reduced or dismissed. Don't take chances with your future and your freedom!  Hire an experienced domestic violence defense attorney to review your domestic violence case and begin to work on your defense.

Rhode Island DUI, Refusals and Ignition Interlock Devices

   

 Rhode Island DUI Ignition Interlock Devices

    With the hopes of preventing the loss of lives due to drunk driving, the Rhode Island General Assembly enacted a law authorizing the courts to prevent individuals found guilty of driving under the influence from driving vehicles that do not have an installed ignition interlock system.  This blog will explain more fully what an ignition interlock device is and the requirements associated with the device.
     An ignition interlock device (IID) is a device that is directly wired into the ignition inside of a vehicle and requires the driver of the vehicle to breath into the device prior to starting the vehicle.   This system will detect alcohol on a person's breath.  If the concentration of alcohol on a driver's breath is above the programmed limit of the device, the engine of the vehicle will not start.  As an individual drives the car, the device will periodically require breath samples to make sure there is not alcohol in the individual's system.
     If an individual has been adjudicated of driving under the influence and prohibited from operating a vehicle without an ignition interlock device, the individual must contact a company which has been certified by the State of Rhode Island to install, lease and sell the systems.  Currently, there are 4 companies certified by the State and are listed on the Rhode Island Division of Motor Vehicle's website.  These companies have been certified by the state because they have met strict government safety requirements.  All costs associated with the installation and monitoring of the system in addition to a court administrative fee will be required to be paid by the adjudicated individual.
     If the Court has ordered the use of an ignition interlock system, a notation is made on the person's driving record which will specify the period of use of the ignition system.   The Court will also require proof of the installation of the system and periodic reporting in order to verify the proper operation of the system.  The Court will also require the system to be monitored for proper use and accuracy by one of the certified companies at least every six months or more frequently as required.

Penalties for violation of Rhode Island DUI interlock law or DUI hardship license

     The Court will impose penalties on a person who violates the court order requiring the use of the system, who has altered or tampered with the system, has operated a vehicle not equipped with the required system or has asked another person to start the equipped vehicle for them.  Violation of the court order may result in a charge of a misdemeanor punishable by up to 1 year in prison and/or a fine of up to $1000. 
  However, the violation of the use of a hardship license may be in question because under the current interlock law any individual who violates the use of their hardship license shall be subject to the penalties enumerated in Section 31-27.18.1.  The only problem is that under Rhode Island law there is no Section 31-27.18.1.  This creates a problem, in that, if a person is driving on their hardship license at the wrong times or the wrong places there may be no way of punishing them. 
    If you or a loved one has been charged with a DUI or Refusal, please contact an experienced criminal defense lawyer who is familiar with this newly enacted law and all of the other laws pertaining to your case.  I have been practicing criminal law for over 20 years and have vast experience with drunk driving defense.  Please call me today to discuss your case and to begin working on your defense.
      For more information please review my websites at www.rhodeislanddefenselawyer.com or  www.ridrunkdrivingattorney.com.

Update on new Rhode Island DUI law.

NEW RHODE ISLAND DUI LAW UPDATE 

On January 1, 2015, Rhode Island General Law §31-27-2  Driving Under Influence of Liquor or Drugs came into effect.  Since the date the law came into effect, it has become clear that there is much confusion with respect to what the new Rhode Island DUI and refusal law penalties hold. It is important that all attorneys practicing criminal defense read and understand this new law.   Over the last week, many attorneys have asked me what the new penalties are under the new Rhode Island DUI and Refusal law.  Let's be clear: the new DUI law lowers the minimum penalty for a Rhode Island DUI as long as the defendant is able to have an interlock system installed in their automobile. In addition, the law also allows for a defendant to be granted a work license as part of their disposition during the time of their minimum suspension.  This work license will be valid for 12 hours a day for the sole purpose of work.   I have seen many of the attorneys and even some judges have some confusion in determining what the new law allows.

NEW RHODE ISLAND DUI PENALTIES WITH INTERLOCK

If you are charged with a first offense refusal in Rhode Island, the minimum penalty can be reduced from 6 months to 30 days, as long as the person is ordered to have a interlock device on their automobile for a period of 6 months to 2 years.  If you are ordered to have an interlock device, then you can apply for a hardship license.

Any person with a DUI with no alcohol readings or a .01-.15 reading may have their license suspension reduced from a minimum of 90 days to 30 days, as long as they have an interlock system installed on their automobile for a period of 3 months to 1 year.  This will also allow them to apply  to have a hardship license for the 30 days.

Any person with a first offense with a reading between .08 and .1 will still have a minimum suspension of 30 days, but with the installation of the interlock system from 3 months to 1 year will be eligible for a hardship license.

Any person with reading of over .15, can have a reduction in their sentence to 30 days but must  have and interlock system in their automobile for 6 months  to 2 years.  They also may be eligible for a hardship license.

OVERVIEW OF INTERLOCK VS.  NO INTERLOCK

 

FIRST OFFENSE DUI OR REFUSAL

First offense DUI with reading of  over .08
With interlock                                                     Without interlock
Minimum 30 day loss of license,                          Minimum 30 day loss of license
May get hardship license                                       No hardship license
Interlock 3 months to 1 year


First offense DUI with reading of  over .10 to .15 or no reading.

With interlock                                                      Without interlock
Minimum 30 day loss of license,                           Minimum 90 day loss of license
May get hardship license                                        No hardship license
Interlock 3 months to 1 year 

First offense DUI with reading of  over .15
With interlock                                                      Must get interlock if over .15
Minimum 30 day loss of license,                
May get hardship license
Interlock 3 months to 1 year

First offense refusal
With interlock                                                     Without interlock
Minimum 30 day loss of license,                           Minimum 6 month loss of license
May get hardship license                                       No hardship license
Interlock 6 months to 2 years

SECOND OFFENSE DUI OR REFUSAL WITHIN 5 YEARS

All second DUI or refusal offenses must have a interlock

Second offense DUI with reading of  over .08 to .15 or no reading.

With interlock                                                    
Minimum 45 day loss of license,                          
May get hardship license
Interlock 6 months to 2 year                                      

Second offense DUI with reading of  over .15
With interlock                                                    
Minimum 45 day loss of license,                        
May get hardship license
Interlock 6 months to 2 years 
 

Second offense refusal
With interlock                                              
Minimum 60 day loss of license,                       
No hardship license                                     
Interlock 1 year to 4 years 

As you can see, there are many benefits to the newly enacted law.  In order to take advantage of these benefits, you must be sure to hire an experienced DUI Criminal Lawyer if you have been charged with DUI or Refusal in the State of Rhode Island.  I have been asked by many attorneys to clarify and interpret this law because of my extensive experience as a Criminal Lawyer who has defended many DUI and Refusal cases.  Please contact me to discuss your case and to determine the best strategy to defend your DUI or Refusal case and to determine how to take advantage of the benefits in the newly enacted penalties.
 
The law Office of Michael J. Zarrella has been helping people with their DUI and refusal cases for 20 years.  If you been arrested for DUI or refusal in Rhode Island  call him now at 523-5271 or email him at Mjzarrella@gmail.com.

For more information please review his websites at www.rhodeislanddefenselawyer.com or  www.ridrunkdrivingattorney.com.

               

              

New Year, New DUI laws

Starting January 1, 2015, a new DUI and refusal law will be going into effect in the State of Rhode Island.  As I previously blogged on November 6, 2014, this new DUI law will have a large impact on those people charged with DUI or chemical test refusals.  Rhode Island General Law §31-27-2  Driving Under Influence of Liquor or Drugs becomes effective January 1, 2015 and will allow a defendant the ability to have a work license in exchange for having an interlock system installed in their vehicle.  A work license, otherwise known as Cinderella license, hardship license, or restricted license all refer to the new Rhode Island law that allows a drunk driving or refusal offenders to drive for a legitimate purpose such as going to work. The hardship license will be valid only for twelve (12) hours per day to get to and from work and shall be given in conjunction with the installation of an ignition interlock device in the vehicle.

An ignition interlock device is connected to a vehicle’s ignition and requires the driver to blow into  the interlock device prior to starting the vehicle in addition to blowing into the device while the vehicle is operating. This is done in order to prevent a driver from being able to start his or her automobile or continue to drive the automobile if there is a detection of alcohol on his or her breath.

This law is very helpful in many ways.  First and foremost, this law will prevent drunk drivers from being able to start their cars. A second effect is that it will allow drivers who receive a DUI not to have their lives completely destroyed as a result of losing their ability to drive to and from their work.  This law will allow many people to keep their employment after a DUI.

Not everyone will be able to get a hardship license, since the law is new and complicated.  Now more then ever is it important that you hire the right lawyer to represent you in you drunk driving or breathalyzer refusal case.  The experienced DUI lawyer not only can help you win your case, but now can help you in your effort to receive a hardship license. 

Do not take chances with your future! You need to hire a top DUI/drunk driving lawyer now.  Call Attorney Michael J. Zarrella to review your case and help you plan a winning defense.  Attorney Michael Zarrella has been winning DUI/drunk driving cases for 20 years.  For more information please review his websites at www.rhodeislanddefenselawyer.com or  www.ridrunkdrivingattorney.com.

Hire an Experienced Domestic Violence Defense Attorney to Prevent a Domestic Violence Conviction

         The issue of domestic violence has taken center stage in the news lately due to the recent domestic violence arrests and public exposure of NFL football players.  The recent publicity highlights how widespread this issue is in the community and how it crosses all social and economic lines in society.  According to the Centers for Disease Control and Prevention, in the United States each minute 24 people are victims of violence from domestic partners.  According to statistics kept by the RI Coalition Against Domestic Violence during 2013, Rhode Island law enforcement received 7,930 domestic violence related calls and made 5,437 domestic violence arrests.  Clearly, Rhode Islanders are not spared from the crime of domestic violence.

Today, the police do not take any chances with domestic assault and domestic violence cases.  If the police are summoned to a domestic violence call, almost certainly somebody is getting arrested.   An arrest on a domestic violence case will have a long lasting and immense effect on a person's life.  Many times a parent will be barred from going to their own home because of a non-contact that a judge has issued in the case. Some judges will not vacate the non-contact order until the case is completed.  A  non-contact order often leads to financial strain as well as strain on the family.

If you, a loved one or a friend, have been arrested for the crime of domestic violence, do not hesitate to contact an experienced domestic violence defense attorney.  The state of Rhode Island has enacted harsh laws with respect to the crime of domestic violence, known as the Domestic Violence Prevention Act.  These laws consider a wide range of crimes to be domestic violence crimes if they are committed by a family or household member.  Additionally, the definition of a family member or household member is broad and includes individuals involved in a variety of relationships.

           The penalties of a conviction for domestic violence in Rhode Island are severe and the disposition received in a first domestic violence charge will have an effect on future charges. Rhode Island domestic violence laws require mandatory jail sentences for second and third convictions for the charge of domestic violence.   Conviction for a second domestic violence charge requires imprisonment for a term of not less than 10 days and not more than 1 year.  A third domestic violence conviction is considered a felony and requires imprisonment of between 1 and 10 years.  In addition to imprisonment, no contact orders, counseling, prohibition from possession of a firearm, and deportation for non-citizens are imposed by the Court. This is why it is so important to fight your first domestic charge and not wait until you are charged again.  One domestic charge often leads to others for a host of reasons. First and foremost the non-contact order that is issued at the sentencing will for lead to future violations. Second, one of the parties will have a criminal record for domestic violence and the police will not hesitate to arrest you a second time for the slightest incident.

       Please do not take any charge of domestic violence lightly.  Call an experienced domestic violence defense attorney to begin work on your domestic violence case to prevent a conviction.  If you would like to read further information on the crime of domestic violence within the Rhode Island criminal justice system, please refer to my website: www.http://rhodeislanddefenselawyer.com/

The Importance of Hiring an Experienced Criminal Defense Lawyer to Defend Your DUI

      Nationwide and in Rhode Island, law enforcement has come to rely on breathalyzer tests in obtaining convictions in drunk driving and drugged driving offenses.  The use of breathalyzer machines is both a cost effective and convenient method for law enforcement to use in assessing a person's alcohol content.
     Recently, the Rhode Island Department of Health has selected the Intoxilyzer 9000 for Rhode Island law enforcement to use as the new chemical breath test machine for use in the prosecution of drunk and drugged driving offenses.  In Rhode Island the Intoxilyzer 9000 will replace the Intoxilyzer 5000, which no longer will receive service and support from its manufacturer. 
     It is argued that the Intoxilyzer 9000 will generate more useful statistical data with respect to the results of chemical breath tests.  The technology used to determine blood alcohol content (BAC) from the breath samples is different between the 5000 model and the 9000 model.  The reporting of BAC results is also different in that the 9000 will print out a graph showing the information.  Additionally, the 9000 model stores more data than the 5000 and runs a calibration check for each test.  The 9000 will have more advanced capabilities than the 5000 model to meet the legal and quality assurance requirements to insure accurate breath alcohol testing.
     Questions persist as to how accurate these machines are in determining alcohol content on an individual.  These questions are the basis of an experienced criminal defense attorney's defense of a DUI charge.  The manufacturers of these machines require routine maintenance of these machines.  Continued use of the Intoxilyzer 5000, without the continued service and support from its manufacturer, will beg the question of the machine's reliability and accuracy in determining BAC.  In addition to the malfunctioning of the machine, the reliability and accuracy of breath alcohol results is also comprimised by burping and the timing of when the alcohol was last drunk before taking the test.  The administration of the test is essential to obtaining reliable results.  The training of the officer and his or her observations with respect to the eating, drinking or vomiting by the suspect could produce inaccurate results. Additionally, there are legal issues with respect to the competency of witnesses who are obtaining and analyzing the software of the machines and the calibration of the machines.
     Any individual who is arrested for drunk or drugged driving after blowing the legal limit, which in Rhode Island is 0.08, should pursue the investigation of the accuracy of their results by an experienced criminal defense attorney rather just accept the results.  As stated above, there are numerous issues that can be raised to question the accuracy of the results of a breathalyzer test.  It is only through the hiring of an experienced criminal defense attorney who is familiar with the issues that an individual can be successful in defending themselves. The penalties of a DUI conviction are severe in Rhode Island.  They include fines, suspension or loss of license, community service, higher auto insurance rates, education, and may include jail time.  If you have been pulled over and subject to a breathalyzer test, please do not hesitate to call Attorney Michael J. Zarrella to review your case.   The Law Offices of Michael J. Zarrella offers a free consultation and provides over 20 years of experience in the criminal defense field with a concentration in the area of DUI defense. 

Preventing Convictions Under the Rhode Island Colin Foote Law

With the objective of saving lives and protecting the community, the Rhode Island General Assembly enacted the Colin Foote law. Under this law, drivers convicted of (4) four traffic violations within an eighteen (18) month period would be required to attend sixty (60) hours of driver's training and perform sixty (60) hours of community service.  Additionally, a person convicted under this law would face fines of up to $1,000 and face the loss of their driver's license for up to two (2) years.

The Colin Foote law seeks to take the habitual traffic violator off of the streets of Rhode Island for a long period of time.  Consequently, it is imperative that each traffic ticket be defended to the fullest extent by an experienced criminal defense attorney.  Often people who recieved a ticket just mail in the fine because they incorrectly think it is not worth their time and money to go to court.  By doing this, people bypass the opportunity to use the good drivers statute.  However, this has become major mistake to do so.  Judges at the Rhode Island Traffic Tribunal are starting to suspended licenses for as little as three tickets.  As a defendant, you need to fight every ticket that you receive whether it means hiring a lawyer to try to get you an alternative disposition or go to trial and challenge the charge itself.  You must be proactive otherwise you will find yourself with a suspended license down the road. 

If you or a loved one are in the unfortunate position of having been convicted of multiple traffic violations within a short period of time, you have little choice but to hire an experienced defense attorney to prevent additional convictions and prevent you from being considered a violator of the Colin Foote law.

The judges and magistrates of the Rhode Island Traffic Tribunal have taken an aggressive stance in enforcing the Colin Foote law.  Often the judges and magistrates will suspend or revoke driver's licenses for between one (1) and two (2) years upon a conviction of this law. The effects of a suspension of a drivers license for an extended period of time such as one (1) year or more can be devastating to a person.  The loss of a license can have an negative effect on a person's employment and their overall life. A good criminal defense lawyer may be the difference in keeping your license or having it suspended. Further, in more serious cases the hiring an experienced defense attorney will mean the difference between having your drivers license suspended for a few months or a few years.

Please do not take traffic violations lightly.  If you are in the position of having multiple traffic convictions within a short period of time, you need to call an experienced criminal defense attorney today.   Have an experience criminal defense attorney begin working on your traffic violations today!


Attorney Michael Zarrella has been helping people keep their driver's license for 20 years.  For more information please review his websites at www.rhodeislanddefenselawyer.com or  www.ridrunkdrivingattorney.com.