Many times the most horrible part of facing domestic charges is the no contact order the judge places on the defendant at the time of arraignment on a new charge.   This causes major problems with families and children and many times this no contact order is in place until the case is resolved (and many times continues well after the case is over).  There are ways to get the no contact order dropped or at least amended.  Stefanie Murphy can help by either representing the defendant who is charged or represent the victim who would like to remove the no contact order.   Call today, 4013169423.

 

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Many clients and potential clients call and ask how to get a hardship license.  It is now possible to be charged with a DUI and/or refusal and not lose your ability to drive to work, take care of your children or drive to doctors for medical treatment.

Massachusetts has a hardship license (Cinderella license) which has benefited many motorists and now Rhode Island, in certain cases will grant a hardship license.

If you are charged with a DUI, you do not lose your license (in most cases) tell you plead or are found guilty after trial.   At that point, an argument can be made or negotiated that you should get a hardship license.

If you have a refusal case, then an argument can be made prior to a preliminary suspension of your license that the Court should award you a hardship license.

Here are some frequently asked questions about hardship licenses?

WHAT IS A HARDSHIP LICENSE?
a hardship license allows for a motorist to operator a vehicle during a period of license suspension as long as the interlock is installed.
motorist is able to drive for a certain period of hours during the time that the hardship license is imposed
HOW DO I GET A HARDSHIP LICENSE?
If you are changed with certain driving infractions, DUI, DWI, refusal, etc. , then you may be eligible for a hardship license
Hardship licenses are ordered by the Courts- traffic court, district court or Superior Court
IF A COURT ORDERS A HARDSHIP LICENSE WHAT DO YOU DO?
Have to go to Operator Control in Cranston in order to get your hardship license, you must bring:
Proof that an interlock device was installed in the vehicle
Proof that you have an SR-22 (from your insurance company)
Copy of the Court Order
You will be required to pay:
$100 interlock fee to Operator Control
payment to update license to add hardship license

via http://www.projo.com on May 10, 2012

R.I. high court: Designated drivers aren’t responsible

for drunken friends

PROVIDENCE, R.I. — Designated drivers aren’t liable for their drunken friends’ actions after they’ve dropped them off, the state Supreme Court ruled in a decision released Thursday.

The family of a man killed by a drunk driver in 2005 wanted to sue the driver’s friend, who dropped the driver off at his car after a night of partying. They argued he should have driven the friend home instead.

But the Supreme Court said setting that level of liability for designated drivers was the legislature’s call, not the court’s.

“To impose such a duty in this case would amount to the creation of a new cause of action — an election that must be effected, if at all, by the legislature,” the opinion read.

For full article, see http://news.providencejournal.com/breaking-news/2012/05/ri-high-court-d-1.html

 

If you need assistance or would like a free consultation with Attorney Stefanie A. Murphy, please call 401-316-9423 or email at samurphy@samurphylaw.com.

For more information on the Law Offices of Stefanie A. Murphy, please visit our website at http://www.samurphylaw.com.

Recent Case Victory

May 16, 2012

The Law Offices of Stefanie A. Murphy announces a recent case result:

– Client charged with Second Offense DUI .15 or greater, driving on a suspended license and traffic offenses.  Client was facing a six to twelve month mandatory jail term.

– Attorney Stefanie Murphy met several times with the arresting police department and worked out the following disposition: The Second Offense DUI was amended to reckless driving and the suspended license charge was dismissed.

– CLIENT DID NOT SUSTAIN A CRIMINAL CONVICTION!

If you need assistance or would like a free consultation with Attorney Stefanie A. Murphy, please call 401-316-9423 or email at samurphy@samurphylaw.com.

For more information on the Law Offices of Stefanie A. Murphy, please visit our website at http://www.samurphylaw.com.

 April and May 2012
– Attorney Murphy lectures to two local police departments about fourth amendment search and seizure, DUI and report writing.
– A client of the Law Offices of Stefanie Murphy was charged with DUI .15 or greater.  This charge was dismissed and the client was recharged with reckless driving.  On the day of trial, the reckless driving charge was DISMISSED!

– Stefanie Murphy was able to successfully resolve a case for a client that was charged with four moving violations within 18 months.

– Attorney Murphy represented a client charged with second offense refusal to take breathalyzer test and first offense DUI.  The charges were amended to reckless driving.

– A client of the Law Offices of Stefanie Murphy was charged with assault on a minor.  After numerous pre-trial conferences, Attorney Murphy was able to get the charges DISMISSED!

– Attorney Murphy represented a  client charged with DUI with readings of about twice the legal limit.  Through Attorney Murphy’s representation, the charges were amended to reckless driving with no license suspension and all of the traffic court charges were DISMISSED!

– Attorney Murphy successfully resolved the case for a client charged with three moving violations within 18 months resulting in no loss of license.

If you need assistance or would like a free consultation with Attorney Stefanie A. Murphy, please call 401-316-9423 or email at samurphy@samurphylaw.com.

For more information on the Law Offices of Stefanie A. Murphy, please visit our website at http://www.samurphylaw.com.

Top places in RI for DUI arrests

via http://630wpro.com/Article.asp?id=2450786&spid=37719

WRITTEN BY: Dee DeQuattro | WPRO News

Updated: 5/7/2012 10:10:21 AM

After the notable drunk driving arrests of Senate Majority Leader Dominick Ruggerio and Congressman David Cicilline’s brother John Cicilline, Tara Granahan of the WPRO Morning News uncovered some statistics from the Rhode Island Attorney General’s Office revealing the top places for DUI arrests.

Assistant Attorney General Jay Sullivan said the arrests really vary on the size of the police department, its level of funding and its location.

According to the statistics from 2010, the most DUI or chemical test refusal arrests are made by the RI State Police. The department made 449 arrests in 2010. Warwick is in second place for DUI and refusal arrests, and is the top city for DUI arrests, having made 328 in 2010. Woonsocket comes in third, trailing Warwick, with only 167 in 2010. Coventry takes the fourth place spot with 159 arrests in 2010 and Cranston is close behind with 148 DUI arrests. Notably absent from the top five list is the state’s capital city, Providence.

Bristol Police Department, where John  Cicilline was recently arrested, only had 75 DUI arrests in 2010 and Barrington where Senator Ruggerio was arrested, only had 27. Block Island and Scituate led the way with the fewest DUI arrests having only 5 each in 2010.

Gabbe Abbate from Rhode Island Mothers Against Drunk Driving said she is not surprised by the top five places for DUI arrests. She said that State Police’s main focus is highway safety so there is no surprise that they make so many arrests. She also said Warwick has placed a particular emphasis on keeping the streets safe by cracking down on drunk driving.

Abate said the bigger concern is how many people actually get away with driving under the influence. “The average drunk driver will drive 87 times before they ever get stopped,” Abbate told the WPRO Morning News with Tara Granahan and Andrew Gobeil. Abbate also noticed that Rhode Island has a high rate of people refusing to submit to the chemical test compared to people who do take the test and are charged with drunk driving.


Via http://www.rilin.state.ri.us/billtext12/senatetext12/s2524.pdf

======= LC01074 =======

2012 — S 2524

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012 ____________

AN ACT

page1image1748 page1image1832 page1image1916

RELATING TO CRIMINAL PROCEDURE — IDENTIFICATION AND APPREHENSION OF CRIMINALS

Introduced By: Senators Metts, Pichardo, Perry, Jabour, and Crowley Date Introduced: February 16, 2012
Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:
SECTION 1. Section 12-1.3-1 of the General Laws in Chapter 12-1.3 entitled

“Expungement of Criminal Records” is hereby amended to read as follows:
12-1.3-1. Definitions. — For purposes of this chapter only, the following definitions

apply:
(1) “Crime of violence” includes murder, manslaughter, first degree arson, kidnapping

with intent to extort, robbery, larceny from the person, first degree sexual assault, second degree sexual assault, first and second degree child molestation, assault with intent to murder, assault with intent to rob, assault with intent to commit first degree sexual assault, burglary, and entering a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

(2) “Expungement of records and records of conviction” means the sealing and retention of all records of a conviction and/or probation and the removal from active files of all records and information relating to conviction and/or probation.

(3) “First offender” means a person who has been convicted of a felony offense or a misdemeanor offense, and who has not been previously convicted of or placed on probation for a felony or a misdemeanor , or a person who has been convicted of not more than two (2) misdemeanor offenses, and who has not been previously convicted of or placed on probation for a felony and against whom there is no criminal proceeding pending in any court.

(4) “Law enforcement agency” means a state police organization of this or any other state, the enforcement division of the department of environmental management, the office of thE state fire marshal, the capitol police, a law enforcement agency of the federal government, and any agency, department, or bureau of the United States government which has as one of it functions the gathering of intelligence data

 (5) “Records” and “records of conviction and/or probation” include all court records, all records in the possession of any state or local police department, the bureau of criminal identification and the probation department, including, but not limited to, any fingerprints, photographs, physical measurements, or other records of identification. The terms “records” and “records of conviction, and/or probation” do not include the records and files of the department of attorney general which are not kept by the bureau of criminal identification in the ordinary course of the bureau’s business?

SECTION 2. This act shall take effect upon passage.

  1. ======= LC01074 ======== 

EXPLANATION
BY THE LEGISLATIVE COUNCIL OF

AN ACT

RELATING TO CRIMINAL PROCEDURE — IDENTIFICATION AND APPREHENSION OF CRIMINALS

***
This act would permit certain individuals with a record of two misdemeanor convictions 
to still be eligible for expungement of those records by redefining the term “first time offender.” This act would take effect upon passage.