"RI License Suspension"
In a Rhode Island DWI or DUI charge, conviction of driving while intoxicated ordinarily results in a revocation or suspension of the driver's license and all motor vehicle registrations held by the defendant. This provision of the typical driving-while-intoxicated statute is probably the chief factor motivating defendants to plead not guilty. However, conviction for driving while intoxicated is not essential to the institution of proceedings revoking or suspending a driver's license; the same facts presented in the criminal trial resulting in acquittal of the charge of driving while intoxicated may be sufficient to support an administrative revocation or suspension of that person's driver's license. In some jurisdictions, a driver's license may be suspended or revoked when the licensing authority (DMV) has notice of the licensee's conviction outside the state for driving while intoxicated.
Depending on state law, the attorney may or may not be able to help his client retain his driver's license and vehicle registrations. In some states the trial judge decides the matter of revocation or suspension and, in this situation, the attorney may be able to minimize the penalty. In other states, the period of suspension is automatically set by law or the state highway patrol organization is given the right, within certain limits, to determine the length of the suspension. In many jurisdictions, such as Rhode Island, the revocation of a driver's license is mandatory on conviction for driving while intoxicated.
In light of the fact that the minimum license suspension for refusing to submit to a chemical test in Rhode Island is six (6) months, and the minimum license suspension for criminal DUI is three (3) months, DUI clients often have a difficult decision to make. Do they opt for one or the other, or should they risk challenging both cases based on a factual or legal weakness in the case? Rhode Island DUI lawyers are accustomed to weighing the pros and cons of these relative decisions.
Depending on state law, the attorney may or may not be able to help his client retain his driver's license and vehicle registrations. In some states the trial judge decides the matter of revocation or suspension and, in this situation, the attorney may be able to minimize the penalty. In other states, the period of suspension is automatically set by law or the state highway patrol organization is given the right, within certain limits, to determine the length of the suspension. In many jurisdictions, such as Rhode Island, the revocation of a driver's license is mandatory on conviction for driving while intoxicated.
In light of the fact that the minimum license suspension for refusing to submit to a chemical test in Rhode Island is six (6) months, and the minimum license suspension for criminal DUI is three (3) months, DUI clients often have a difficult decision to make. Do they opt for one or the other, or should they risk challenging both cases based on a factual or legal weakness in the case? Rhode Island DUI lawyers are accustomed to weighing the pros and cons of these relative decisions.
In a Rhode Island DWI or DUI charge, conviction of driving while intoxicated ordinarily results in a revocation or suspension of the driver's license and all motor vehicle registrations held by the defendant. This provision of the typical driving-while-intoxicated statute is probably the chief factor motivating defendants to plead not guilty. However, conviction for driving while intoxicated is not essential to the institution of proceedings revoking or suspending a driver's license; the same facts presented in the criminal trial resulting in acquittal of the charge of driving while intoxicated may be sufficient to support an administrative revocation or suspension of that person's driver's license. In some jurisdictions, a driver's license may be suspended or revoked when the licensing authority (DMV) has notice of the licensee's conviction outside the state for driving while intoxicated.
Depending on state law, the attorney may or may not be able to help his client retain his driver's license and vehicle registrations. In some states the trial judge decides the matter of revocation or suspension and, in this situation, the attorney may be able to minimize the penalty. In other states, the period of suspension is automatically set by law or the state highway patrol organization is given the right, within certain limits, to determine the length of the suspension. In many jurisdictions, such as Rhode Island, the revocation of a driver's license is mandatory on conviction for driving while intoxicated.
In light of the fact that the minimum license suspension for refusing to submit to a chemical test in Rhode Island is six (6) months, and the minimum license suspension for criminal DUI is three (3) months, DUI clients often have a difficult decision to make. Do they opt for one or the other, or should they risk challenging both cases based on a factual or legal weakness in the case? Rhode Island DUI lawyers are accustomed to weighing the pros and cons of these relative decisions.
Please note the following cases:
In Chavez v. Campbell (DC Ariz) 397 F Supp 1285, the court held that summary revocation of a driver's license for refusal to submit to a breath test was violative of due process, as permitting revocation of driving privileges without affording prior notice and hearing. 19 Atla News Letter 126 (April 1976).
ADA challenge to suspension: Disabled driver whose driving privileges were suspended for driving while under influence (DUI) was not qualified individual with disability under ADA so as to require reasonable accommodation by Department of Transportation (DOT) in connection with suspension; driver no longer met eligibility requirements to hold driver's license because of his DUI conviction. Americans with Disabilities Act of 1990, § 201(2), 42 U.S.C.A. § 12131(2); 75 Pa.C.S.A. § 1532(b)(3). Johnson v. Com., Dept. of Transp., Bureau of Driver Licensing, 805 A.2d 644 (Pa. Commw. Ct. 2002); West's Key Number Digest, Civil Rights 107(3).
Pursuant to Rhode Island DUI or DWI law, suspension of driver's license or vehicle registration is a mandatory penalty flowing from a conviction in the case.
Outside of Rhode Island, the attorney representing a client with a DWI charge can perform a valuable service to a person whose license has been suspended, and to his family, by helping him to secure an occupational driver's license, if this privilege is provided by state law. Such a license can substantially reduce the economic losses that can result to many persons otherwise unable to drive to work; occupational licenses provide a humane answer to the problem of the drinking driver without depriving his family of sustenance or of necessary transportation by permitting the defendant to drive during certain periods of the day or certain days of the week. These provisional licenses, however, are not available in Rhode Island. Occupational licenses are usually also specific as to the routes of travel and are issued for a limited period of time. Violations of the restrictions are generally treated with the same penalty provided for driving while a license is suspended.
Defense counsel should also make every effort in the event of a revocation of vehicle registration certificates to secure special registration certificates that would permit other members of the family to operate the vehicle to provide needed transportation. In Rhode Island, the motorist accused of DUI can secure a financial responsibility form from his/her insurance company, in order to keep the vehicle properly registered.
Automobile insurance companies constantly campaign against drinking drivers and, characteristically, when an insured is convicted of driving while intoxicated, the insurance company will cancel his automobile insurance coverage; some companies even cancel coverage at the time charges are filed. Once automobile insurance coverage has been canceled, it is difficult for the individual to secure new coverage. Insurance applications always ask whether the applicant has ever had his coverage canceled, and why. If the question is truthfully answered, the application will be refused; if it is untruthfully answered and the policy is issued, coverage will be denied for reasons of fraud when a loss occurs.
However, in states where automobile financial responsibility laws are in effect, an "assigned risk" office staffed by state personnel handles applications for insurance coverage made by persons whose insurance has been canceled. Applications made to this office are assigned to one of the many insurance companies doing business in the state and this company must accept the application except in extreme situations. Insurance coverage gained in this way carries special rates that are generally higher and for only basic financial responsibility limits. Application for "assigned risk" insurance is normally made through a casualty insurance agent.
Rhode Island DWI or DUI lawyers are familiar not only with dealing with the criminal charge, but the ancillary consequences that exist within the Rhode Island Department of Motor Vehicles. Quite simply, the DMV is not an easy place to navigate, and the attorney of record should be intimately familiar with how the DMV processes their notification of a DUI conviction.
Depending on state law, the attorney may or may not be able to help his client retain his driver's license and vehicle registrations. In some states the trial judge decides the matter of revocation or suspension and, in this situation, the attorney may be able to minimize the penalty. In other states, the period of suspension is automatically set by law or the state highway patrol organization is given the right, within certain limits, to determine the length of the suspension. In many jurisdictions, such as Rhode Island, the revocation of a driver's license is mandatory on conviction for driving while intoxicated.
In light of the fact that the minimum license suspension for refusing to submit to a chemical test in Rhode Island is six (6) months, and the minimum license suspension for criminal DUI is three (3) months, DUI clients often have a difficult decision to make. Do they opt for one or the other, or should they risk challenging both cases based on a factual or legal weakness in the case? Rhode Island DUI lawyers are accustomed to weighing the pros and cons of these relative decisions.
Please note the following cases:
In Chavez v. Campbell (DC Ariz) 397 F Supp 1285, the court held that summary revocation of a driver's license for refusal to submit to a breath test was violative of due process, as permitting revocation of driving privileges without affording prior notice and hearing. 19 Atla News Letter 126 (April 1976).
ADA challenge to suspension: Disabled driver whose driving privileges were suspended for driving while under influence (DUI) was not qualified individual with disability under ADA so as to require reasonable accommodation by Department of Transportation (DOT) in connection with suspension; driver no longer met eligibility requirements to hold driver's license because of his DUI conviction. Americans with Disabilities Act of 1990, § 201(2), 42 U.S.C.A. § 12131(2); 75 Pa.C.S.A. § 1532(b)(3). Johnson v. Com., Dept. of Transp., Bureau of Driver Licensing, 805 A.2d 644 (Pa. Commw. Ct. 2002); West's Key Number Digest, Civil Rights 107(3).
Pursuant to Rhode Island DUI or DWI law, suspension of driver's license or vehicle registration is a mandatory penalty flowing from a conviction in the case.
Outside of Rhode Island, the attorney representing a client with a DWI charge can perform a valuable service to a person whose license has been suspended, and to his family, by helping him to secure an occupational driver's license, if this privilege is provided by state law. Such a license can substantially reduce the economic losses that can result to many persons otherwise unable to drive to work; occupational licenses provide a humane answer to the problem of the drinking driver without depriving his family of sustenance or of necessary transportation by permitting the defendant to drive during certain periods of the day or certain days of the week. These provisional licenses, however, are not available in Rhode Island. Occupational licenses are usually also specific as to the routes of travel and are issued for a limited period of time. Violations of the restrictions are generally treated with the same penalty provided for driving while a license is suspended.
Defense counsel should also make every effort in the event of a revocation of vehicle registration certificates to secure special registration certificates that would permit other members of the family to operate the vehicle to provide needed transportation. In Rhode Island, the motorist accused of DUI can secure a financial responsibility form from his/her insurance company, in order to keep the vehicle properly registered.
Automobile insurance companies constantly campaign against drinking drivers and, characteristically, when an insured is convicted of driving while intoxicated, the insurance company will cancel his automobile insurance coverage; some companies even cancel coverage at the time charges are filed. Once automobile insurance coverage has been canceled, it is difficult for the individual to secure new coverage. Insurance applications always ask whether the applicant has ever had his coverage canceled, and why. If the question is truthfully answered, the application will be refused; if it is untruthfully answered and the policy is issued, coverage will be denied for reasons of fraud when a loss occurs.
However, in states where automobile financial responsibility laws are in effect, an "assigned risk" office staffed by state personnel handles applications for insurance coverage made by persons whose insurance has been canceled. Applications made to this office are assigned to one of the many insurance companies doing business in the state and this company must accept the application except in extreme situations. Insurance coverage gained in this way carries special rates that are generally higher and for only basic financial responsibility limits. Application for "assigned risk" insurance is normally made through a casualty insurance agent.
Rhode Island DWI or DUI lawyers are familiar not only with dealing with the criminal charge, but the ancillary consequences that exist within the Rhode Island Department of Motor Vehicles. Quite simply, the DMV is not an easy place to navigate, and the attorney of record should be intimately familiar with how the DMV processes their notification of a DUI conviction.