DUI and DWI charges are criminal offenses, and the prosecution bears the burden of proving the defendant’s guilt. The Law Offices of Richard S. Humphrey has extensive experience handling DUI/DWI cases throughout Rhode Island and thoroughly understands the role and perspective of the district attorney when prosecuting such cases.
The highest standard of proof in a legal case is proof beyond a reasonable doubt. This is the standard required in most criminal cases. Beyond a reasonable doubt means that no doubt exists in the mind of a reasonable person that the accused person is not guilty. In criminal cases the jury is instructed to presume the defendant’s innocence until the prosecution proves otherwise. Our DWI lawyers in Rhode Island effectively defend against allegations and evidence brought by the prosecution.
DUI, DWI, and refusal to submit to chemical test are all criminal charges with the exception that a first offense of refusing to submit to a chemical test is a civil charge.
In a DUI case, the defendant has the right to a jury trial or a bench trial. In a bench trial the presiding judge determines the verdict rather than a jury. A Rhode Island DUI attorney can help you weigh the advantages and disadvantages of both types of trials and advise which most favors your case.
Penalties for DUI are stiff and consulting an experienced DUI lawyer at the outset may allow your attorney to make motions to suppress evidence, which can result in reduced charges or even case dismissal.
Many Constitutional rights exist in criminal cases and there are numerous legal strategies that offer opportunities to refute evidence presented by the prosecution. Rhode Island case laws often set precedents that significantly affect how attorneys argue cases. For example, the case Melendez-Diaz v. Massachusetts established a precedent that affidavits, such as forensic analysts’ reports, are considered testimony. Therefore, under the Sixth Amendment right to confront and cross-examine witnesses, the defendant has the right to cross-examine forensic analysts who write reports.
A Tiverton DUI lawyer can also apprise you of your other rights, such as the right to—
Experienced legal representation can protect your rights.
Call 401-624-6152 and arrange a time to speak with a drunk driving attorney in Tiverton.