Providence DUI Attorney
Many drivers who get pulled over and arrested for a DUI and/or refusals have never been in trouble before. Getting pulled over for any reason is nerve racking but especially if you have had anything to drink or have taken any medication (prescription or over the counter). Nerves, fears, anxiety all come into play immediately and can make a bad situation even worse.
Driving under the influence is the only crime of opinion. It’s the officer’s opinion that he or she believed that you were unsafe to safely operate a vehicle. Since its an opinion, there are ways to fight the charge.
What happens Following a DUI case?
After getting pulled over, the officer is assessing the situation and deciding what to do. By speaking and making general observations that officer may ask you to do some pre exit tests or ask you out of the car to take field sobriety tests. You do not need to take field sobriety tests, you have a right to politely decline taking them.
If the point comes when the officer feels like he or she has probably cause to arrest you and places handcuffs on and reads you your rights, you are no under arrest and will be brought to station.
All during the time on the side of the road, the ride to station and at the station the officer is continuing to observe you and will include these observations in the report. Anything you say before, during and after arrest can be used against you.
At the station, the officer will inform you of your rights for use at station, give you a phone call and ask if you will submit to a chemical test.
Just like the police officer using all the information he or she gathers, when the Law Offices of Stefanie A. Murphy reviews the reports, video from the station and anything else she will be looking for all of the problems and issues in your case. This issues range with some examples of:
- Passed the field sobriety tests (FST)
- never read Miranda rights
- never read rights for use at station
- never given confidential phone call
- no reason to stop the vehicle
- no probable cause to arrest
- issues with any statements made by motorist in order to suppress the incriminating statement(s)
- never refused
- proper procedure not followed for chemical test
- problems with machine
- never given an opportunity for independent medical examination
If you have seen the police report, do not worry or get overwhelmed about the evidence. Criminal defense attorney, Stefanie Murphy will take all the evidence and one by one try to suppress and take away the evidence they have against you. This is done through filing motions and pre trial conferences with the town or state that arrested you for the crime.
Normally, the police department will release you on your promise to appear or a justice of the peace will set bail and you will be given a court date. In some cases, the person is held over night and brought to court the next morning. The first court appearance is for an arraignment. After the arraignment, you will have several court appearances in criminal court for pre trial conferences. This is time that your defense lawyer will conference your case and work to get the case dismissed or amended.
However, if you refused, you will also have traffic court appearances while also having to make appearances in criminal court for the DUI charge. On the first traffic court appearance for a refusal, the court is able to enter a preliminary suspension of your license. If this occurs, then you will NOT be able to drive from that date on – until your case is resolved. This is one of the reasons why its so important to call Attorney Murphy and have her present at every court appearance. She will be able to argue against a preliminary suspension and fight to keep your license or ask the court to allow you to get a hardship license.
Contact Our Experienced DUI Lawyer In Providence, Rhode Island
The bottom line is that its important that you hire an experienced DUI attorney as soon as you can. The Law Offices of Stefanie A. Murphy has handled hundreds of DUIs and will fight your case. For questions or for a free case evaluation, call our dedicated Rhode Island criminal defense attorney today at 401-316-9423!