I consider it a great honor to once again have the opportunity to share my DUI courtroom experience with my fellow Rhode Island attorneys.
Tiverton, RI (PRWEB) February 06, 2012
Rhode Island DUI Lawyer, Robert H. Humphrey, Esq., of the Law Offices of Robert H. Humphrey has once again been asked by the Rhode Island Bar Association to lecture the prosecutors and criminal defense lawyers for the State of Rhode Island on the successful detection, prosecution, and defense of drunk driving (DUI, DWI, OUI) cases. The March of 2012 DUI Continuing Legal Education (“CLE”) Program is part of the DUI and Refusal Cases: Beyond the Basics series of lectures and articles the Law Offices of Robert H. Humphrey is conducting for the Rhode Island Bar Association. This most recent drunk driving CLE marks the 14th year the Rhode Island Bar Association has tapped Attorney Humphrey’s expertise in the field of DUI defense. Attorney Humphrey stated that, “I consider it a great honor to once again have the opportunity to share my DUI courtroom experience with my fellow Rhode Island attorneys.”
Initially, the DUI CLE will address the fundamentals of a DUI prosecution. In every drunk driving (“DUI” or “DWI”) case the Prosecution and Defense are concerned with five (5) basic components of the case as follows:
1.Can the Prosecution establish the requisite reasonable suspicion to stop the suspect’s vehicle;
2.Can the Prosecution prove the suspect’s operation of the vehicle;
3.Can the Prosecution demonstrate the necessary probable cause to arrest the suspect;
4.Can the Prosecution prove that the suspect was under the influence of intoxicating liquor and/or drugs to a degree that rendered him/her incapable of safely operating the vehicle; and
5.Can the Prosecution prove compliance with R.I.G.L. 31-27-3 (the suspect’s right to an independent physical examination by a physician of his/her own choosing).
Please see my recently published article in the Rhode Island Bar Journal entitled “Drunk Driving: Beyond the Basics.”
Also, in every refusal case the State must prove, by clear and convincing evidence, four (4) key elements to sustain a refusal charge. The four (4) key elements are the following:
1.That the law enforcement officer who submitted the sworn report to the RITT had reasonable grounds to believe that the defendant had been driving a vehicle within the State while under the influence of intoxicating liquor or drugs;
2.That the defendant, while under a lawful arrest, refused to submit to a chemical test upon the request of the law enforcement officer;
3.That the defendant had been informed of his or her rights in accordance with R.I.G.L. 31-27-3; and
4.That the defendant had been informed of the penalties incurred as a result of non-compliance with R.I.G.L. 31-27-2.1.
Please see my recently published article in the Rhode Island Bar Journal entitled “Refusal Cases: Beyond the Basics.”
DUI prosecutors and defense attorneys who attend this educational program will receive an in-person demonstration of the standardized field sobriety tests by a local police officer and are informed of the officer’s experience in handling DUI arrests. These attorneys will also have an opportunity to learn about legal issues beyond the basics of these types of complicated cases involving the admissibility of the standardized field sobriety tests, the admissibility of the chemical test results and the suspect’s statutory and constitutional rights. Emphasis is given to teaching the advanced trial techniques and practice pointers for the successful prosecution and defense of DUI and Refusal cases. As a Rhode Island DUI authority, Attorney Humphrey prepared Rhode Island’s DUI Practice Manual entitled “Drunk Driving: Detection, Prosecution, and Defense” which is widely used by drunk driving law practitioners in courtrooms throughout the State.
During the ethics portion of this educational program, Attorney Humphrey will focus on the ethical issues relating to the proper defense of DUI defendants. Attorney Humphrey emphasizes to the DUI defense attorneys that their representation must focus on what is in the best interests of the DUI defendant. At the Law Offices of Robert H. Humphrey, we pride ourselves on putting what is in the best interest of our client first and take ego out of the equation.
For almost two (2) decades, Attorney Humphrey has been an authority in the State of Rhode Island on the successful defense of DUI and Refusal cases. Please allow Attorney Robert H. Humphrey’s reputation, experience and skill to successfully guide you or a family member through the legal process when you have been charged with drunk driving or refusal to submit to a chemical test. Please visit our website: http://www.humphreydui.com for more information or call us at (401) 816-5862.