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Arrest, Bail & Arraignment in Rhode Island Criminal Law

December 13, 2023 By David

Rhode Island Arrest & Bail

If a person is arrested for a criminal misdemeanor in Rhode Island (RI) there are several potential scenarios. The police could hold the accused and bring him to Court for an arraignment in District Court in the morning. The police also could call a justice of the peace / Bail Commissioner who could arraign the accused at the police station and release the person. The bail commissioner could also set bail in order for the person to be released. RI Law Article by a RI Criminal Defense Attorney.

Justice of Peace / Bail Commissioner

Arraignment in Rhode Island

The accused who is arraigned by the justice of the peace must still attend a more formal arraignment in District Court after he / she is released from police custody. The formal arraignment is the court hearing where a criminal defendant either pleads not guilty, or nolo contendere to the criminal charges. Nolo contendere means the person is admitting to the charges but is not contesting them. A defendant should never plead guilty. A nolo contendere plea is not a conviction unless there is a suspended sentence, fine or jail time. The scope of this article does not pertain to expungement law or a detailed explanation of the different pleas and sentences that can be imposed.

RI criminal lawyer

It is usually a very bad idea for a person to plea nolo contendere without an attorney at the arraignment. However, there are exceptions to this rule especially if the person will be held as a probation or bail violator. It is usually very strongly advisable that the defendant says not guilty and retains a Rhode Island criminal lawyer. If the accused cannot afford a private criminal attorney they should go to the Rhode Island Public Defender’s office.

Personal recognizance

If the accused pleads nolo at the arraignment they will be sentenced to a filing, probation , suspended sentence or jail time. Usually, the accused will work out a plea agreement with the police officer prior to pleading nolo contendere. At the arraignment in District Court, the person will typically be released on bail after the person pleads not guilty. An accused should hire a Rhode Island criminal attorney to represent him/ her at an arraignment. For minor misdemeanor offenses, bail is usually personal recognizance which means the person does not have to come up with any actual funds. A defendant released on personal recognizance, has to promise that they will attend court for future hearings and / or trial. Personal recognizance is designated as an amount of funds. The accused does not actually pay any money! However, If the person fails to attend court in the future the accused will owe that amount of money to the State of Rhode Island.

Bail in Rhode Island

If the Rhode Island (RI ) District Court judge orders cash bail then the accused must pay that amount in cash to be released. If it is cash bail than the defendant cannot post property. If the person is repeat criminal offender, the allegations are particularly bad, the person has a history of not attending court or for other reasons, then the court could set bail with surety. This means that the person only has to pay 10 percent of that amount or post property valued at full amount. If a person can not come up with ten percent then they can hire a bail bondsman who will post that amount for a fee. a Bail bondsman’s fee is usually reasonable. If the person attends all Court dates then they will get that money back at the end of the case.

If the person arrested was out on bail for a previous offense, is on probation, is in the midst of a one year filing, suspended sentence or deferred sentence than the judge can hold the person as a “violator” pending a hearing. The judge can refuse to set bail and hold a person as a violator at the aci for ten business days which could be up to 14 days. There will be a hearing 10 days later in which the person will be accused of violating probation or bail and also stand trial on the new charges. The scope of this article does not include an in depth analysis of bail / filing / probation violation hearings.

It is important that this criminal law article be used for informational purposes only and not as a substitute for seeking legal advice from a Rhode Island lawyer. A misdemeanor is any offense punishable by up to one year in Jail. Typical misdemeanors are: driving under the influence of alcohol / drunk driving (dui / dwi), shoplifting, domestic assault, Second (2nd) offense refusal to take the breathalyzer, driving on a suspended license, writing bad checks, domestic vandalism, simple assault and battery, domestic disorderly, reckless driving, disorderly conduct, etc. There are different rules that apply to driving with suspended licenses and this article does not fully address those provisions.

ABOUT THE AUTHOR: Rhode Island Criminal Defense Attorney David Slepkow. RI Criminal Defense Lawyer.
David Slepkow is a Rhode Island Criminal Lawyer concentrating in Criminal Law DUI / DWI, breathalyzer refusals, restraining order s/ no contact orders, family law, child custody / support / visitation and RI Accident Law. David Slepkow offers free initial consultations and accepts all major credit cards.

Legal Notice per RI Rules of Professional Responsibility:

Who Is Responsible For a Single-Car Crash? | Single Car Crash in RI

December 13, 2023 By David

If you are the only one involved in a single car accident, then it may seem obvious that you are the one at fault. Well, this is a typical fallacy that many people believe when they are involved in a single car crash. Sure, there is no second car involved, but that doesn’t mean you should take the blame either. When you are involved in a single-car collision, it is worth talking to a car accident lawyer to evaluate the situation. You may find that you have a claim and deserve compensation, especially if you were injured in this accident.

Single car accident in Rhode Island

Single car accident

No two accidents are the same. The details are what makes it important. For some drivers, they only wrecked their car due to the careless maneuvers of another vehicle. According to Nolo.com, there are six types of common accidents. For instance, let’s assume you are driving down the freeway minding your own business. All of the sudden, the car in front of you has a tire blow out. The car starts driving erratically, and the driver cannot control their vehicle. In an attempt to avoid hitting the other driver, you hit the guard rail. The speed at which you were driving gave you injuries, and your car is totaled. You may be able to go back onto that driver because they caused your wreck. Had you hit them, it could have been a lot worse.

injuries from your accident

According to the National Sleep Foundation’s, there are more than 100,000 accident caused each year by drivers falling asleep. These incidents would not be covered, but let’s consider another scenario. You are driving down the road and the power steering on your car no longer works. You struggle to keep control of your car, but you swerve and hit a tree head-on. If a defective part on the vehicle is to blame, then you can file a product liability claim. It is not simple to prove this type of claim, but many find that it is worth the struggle. If you are suffering injuries from your accident, you need a lawyer that can help.

East Providence attorney

Regardless of the facts, you need to consult with someone who can help. An experienced East Providence attorney is familiar with personal injury accidents. They also know the local justice system. They will be able to understand the aspects of your accident and identify liability. Proper legal counsel will do everything they can to protect your rights. They will seek a fair settlement to compensate for any injuries you may have sustained if there be a responsible party. When you are in an accident alone, don’t assume that your insurance company will handle everything. There are many factors that must be evaluated.

References:

1. https://www.thebalance.com/single-car-accident-insurance-claim-527136
2. http://drowsydriving.org/about/facts-and-stats/
3. https://en.wikipedia.org/wiki/Single-vehicle_crash

Rhode Island Uninsured Motorist Accident Lawyer | Slepkow Law

December 6, 2023 By David

uninsured motorist accident lawyer

Driving a motor vehicle is a privilege and not a right. Driver’s licenses are issued to any individual who has reached the minimum age after passing both a written exam and road test conducted by a motor vehicle department specialist. Every motorist driving the highways, roadways and city streets is responsible for providing a safe environment for everyone around them including other drivers, passengers, truckers, bicyclists and pedestrians.

Uninsured motorist claims in RI

Sadly, there are hundreds or uninsured or unlicensed motorists operating motor vehicles in Rhode Island and Providence Plantations. When an uninsured motorist operating an automobile, truck or other motor vehicle is at fault for a car accident in Rhode Island, an injured victim may receive no compensation or justice for their injuries resulting from the motor vehicle crash. However, if the victim had previously obtained uninsured motorist protection and such uninsured protection was in effect at the time of the collision then they may have legal recourse to be compensated for their pain and suffering, medical bills, lost wages and other injuries. The victim would need to pursue an uninsured motorist claim against their own insurance carrier seeking damages and a sense of justice.

By law, every state requires drivers to be licensed while maintaining adequate liability coverage through an insurance policy on every vehicle they operate. Rhode Island is no exception to this. This means that every registered vehicle must be insured with minimum active coverage that has not had its policy lapse.

Driving on a suspended license

The state’s court system is given the authority to suspend the driving privileges of any motorist who commits specific traffic violations. Suspended licenses may last indefinitely until some legal requirements are met or may be for a finite period of time. Some of the reasons a motorists license is suspended in Rhode Island includes:

• A failure to appear in court
• A failure to pay a fine
• A failure to maintain basic insurance coverage on a vehicle
• Operating a vehicle while under the influence of drugs or alcohol
• Recklessly driving that endangers the lives of others
• Other factors such as failure to file an accident report, leaving the scene of an accident with injury or death, failure to pay child support etc.

Legal nightmare

Driving on a suspended license is a criminal infraction that could land the motorist in jail if there are too many infractions. Being involved in a motor vehicle accident in Rhode island while driving on a suspended license can be a legal nightmare for the motorist. In addition to receiving a criminal citation or an arrest, the driver might be financially liable for all damages, losses and injuries caused to all victims in the accident.

If you were injured by an uninsured or under insured motorist in a motor vehicle accident in Rhode Island then you should contact a Rhode Island uninsured motorist accident lawyer.

The Rhode Island law for driving on a suspended license is set forth below:

“§ 31-11-18.1 Driving after denial, revocation, or suspension for certain violations. – (a) Any person who drives a motor vehicle on any highway of this state who never applied for a license or who drives after his or her application for a license has been refused, or after his or her license has expired or who otherwise drives without a license or at a time when his or her license to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic drug or intoxicating liquor; (2) refusing to submit to a chemical test; reckless driving; (3) manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in death; or (4) three (3) moving violations within a one-year period; shall be guilty of a misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third or subsequent offenses.”

Failing to meet insurance requirements or suspended license

State law mandates that operating any vehicle without maintaining financial responsibility (insurance coverage) is against the law. Any motorist operating a vehicle without insurance likely faces a driver’s license suspension and financial fines.

“In Rhode Island, you must carry minimum limits of bodily injury liability – $25,000 per person and $50,000 per accident. This means you have coverage up to $25,000 for damages incurred by any one person and up to $50,000 in any one accident should more than one person be involved. You many elect to purchase higher limits, based on your wish to protect your assets from lawsuits above these minimum amounts. Keep in mind that as you raise your coverage, your premiums increase because you are asking the insurance company to assume responsibility for higher amount, should a claim occur.” CONSUMERS GUIDE TO AUTO INSURANCE PRESENTED TO YOU BY THE DEPARTMENT OF BUSINESS REGULATION INSURANCE DIVISION http://www.dbr.state.ri.us/documents/divisions/insurance/property_casualty/com_guide-auto_insur.PDF

Proof of insurance at scene of motor vehicle wreck

If the uninsured driver is involved in a motor vehicle accident, they will be required by law to produce proof of insurance at the scene. Any certificate of compliance (COC) provided by the insurance carrier is adequate proof as long as it shows coverage is in force on the date of the accident. Any failure to meet insurance requirements (not having insurance) when the accident occurs exposes the motorist to serious financial consequences. In all likelihood, the victims suffering injuries and damages caused by the negligent behavior of the uninsured motorist will file a lawsuit against them.

§ 31-47-9 Penalties. – (a) Any owner of a motor vehicle registered in this state who shall knowingly operate the motor vehicle or knowingly permit it to be operated in this state without having in full force and effect the financial security required by the provisions of this chapter, and any other person who shall operate in this state any motor vehicle registered in this state with the knowledge that the owner of it does not have in full force and effect financial security, except a person who, at the time of operation of the motor vehicle, had in effect an operator’s policy of liability insurance, as defined in this chapter, with respect to his or her operation of the vehicle, may be subject to a mandatory suspension of license and registration as follows:

Financial recourse from uninsured motorist or driver with suspended license

Any victim who has suffered damages or physical injury as the result of negligence by an uninsured, unlicensed motorist can seek financial recourse through various legal means. However, these types of claims and lawsuits are difficult to litigate in front of a judge in civil court. Because of that, many individuals elect to hire a skilled Rhode Island personal injury attorney who specializes in uninsured motor vehicle accidents.

Rhode Island car accident attorney

A RI auto accident lawyer working on behalf of their client can seek financial compensation through uninsured motorist coverage on the victim’s policy. The amount of compensation through this coverage is limited by the policy’s benefits. Because of that, the attorneys can file a lawsuit to obtain additional compensation from the unlicensed, uninsured driver directly by holding them financially accountable for their negligence.

Hiring an attorney makes sense. It eliminates most of the “guess work” of attempting to obtain recovery for injuries suffered in an accident caused by another. The lawyer will investigate the causes of the accident, evaluate insurance information and build a case to prove how the other uninsured, unlicensed driver is legally responsible for all damages. An experienced RI personal injury law firm can research every alternative way to obtain financial compensation when the other motorist involved in the accident was driving on a suspended license and without insurance.

Legal Notice per Rhode Island Rules of Professional Responsibility: The RI Supreme Court sitting in the capital city of Providence licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice including personal injury, wrongful death and car accident. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

Rhode Island Food Poisoning Lawyer | Slepkow Law

November 22, 2023 By David

Rhode Island food poisoning lawyer

Not every dining experience is a pleasurable one when eating at restaurants. If you have suffered food poisoning while consuming food at a restaurant or other establishment, you likely feel very sick. You are probably wondering who is liable for your injuries and if you can file a lawsuit claiming negligence of others. Most individuals suffering food poisoning can often source their injuries back to the consumption of contaminated food. Serious health issues arise when exposed to harmful bacteria, toxins or viruses that contaminate many food products. If you suffered complications or illness as a result of food poisoning in Rhode Island, contact RI personal injury attorney David Slepkow.

Rhode Island Food Poisoning Lawyer

The CDC (Centers for Disease Control and Prevention) recognizes food poisoning as the nation’s most frequently reported injuries at dining establishments. The number of food poisoning cases total more than 70 million in the United States every year. The CDC believes that many cases are unreported simply because victims infected with food poisoning are unaware of the cause of their uncontrollable stomach cramps, diarrhea and vomiting.

Most serious life-threatening infections caused by food poisoning are the result of consuming foods with harmful bacteria including:

• Salmonella and Norovirus
• E. coli enteritis
• Cholera
• Staphylococcus aureus
• Campylobacter enteritis
• Shigella
• Toxins from fish

The deadly bacterium and toxins enter the body by various means, including through poultry and meat products kept at temperatures too high. Exposure to sources of toxic bacteria can occur from consuming improperly refrigerated mayonnaise, negligent manufacturing processes, defective food packaging or coming in to close contact with human waste usually by not properly washing hands and fingers that touch food.

The Connection between Negligence and Liability in Rhode Island

Receiving financial compensation for an injury caused by food poisoning in Rhode island and Providence Plantations can be challenging because a claim for liability must be based on proving negligence. Victims must show how the careless action or inaction of the restaurant staff, cooks or others directly caused the poisoning. Because of the complexity of food poisoning liability cases, many victims will hire Rhode Island personal injury attorneys or RI food poisoning attorneys / lawyers who specialize in these types of claims for compensation.

Foodborne disease

“Foodborne diseases monitored through FoodNet include infections caused by the bacteria Campylobacter, Listeria,Salmonella, Shiga toxin-producing E. coli (STEC) O157 and non-O157, Shigella, Vibrio, and Yersinia, and the parasitesCryptosporidium and Cyclospora. The data collected by FoodNet also lets CDC, its partners, and policy makers know how much progress has been made in reaching national goals for reducing foodborne illness.” CDC

A skilled Providence food poisoning lawyer can build a product liability case for recompense by showing how the defendants at fault for the food poisoning did not act reasonably careful when making, distributing, storing, cooking or serving contaminated food products. Successful resolution of a case or Providence Superior Court lawsuit will require pinpointing the particular food that made the victim sick and the direct link between the contamination and the consumption of the food.

The problems with Salmonella

The Center for disease control (cdc) states “Salmonella is a bacteria that makes people sick. It was discovered by an American scientist named Dr. Salmon, and has been known to cause illness for over 125 years. Most people infected with Salmonella develop diarrhea, fever, and abdominal cramps between 12 and 72 hours after infection. The illness usually lasts 4 to 7 days, and most individuals recover without treatment. In some cases, diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites. In these cases, Salmonella can cause death unless the person is treated promptly with antibiotics. The elderly, infants, and those with impaired immune systems are more likely to have a severe illness.” cdc

Common defendants in a Rhode Island food poisoning case often involve:

• The owners, management, cooks, wait staff and servers at an eating establishment;
• Food prep staff who handle food products when it was outside of refrigerated storage areas;
• Food shippers, distributors and suppliers
• Food product manufacturers
• Farmers and food growers

Recovering Damages using a personal injury lawyer in Rhode Island (RI)

Successfully resolving a lawsuit or claim to recover losses and damages against those at fault for causing a food poisoning injury requires proving specific elements that include:

• The food-borne illness or poisoning was diagnosed by a physician who claimed the injury was directly caused by a specific toxin, virus or bacteria;
• The food consumed at the time of the injury was known to harbor that specific toxin, virus or bacteria;
• The illness, complications or symptoms are consistent with food poisoning caused by the consumption of that specific toxin, virus or bacteria.

Medicinet states” “Listeria is a bacteria that has caused the two most deadly outbreaks of food poisoning in United States history. In 1985, an outbreak in California was traced to eating a type of fresh cheese, and in 2011, Listeria food poisoning was traced to a cantaloupe farm and processing operation in Colorado. It is most often associated with eating soft cheeses, raw milk, contaminated fruits, vegetables, poultry, and meats. Newborns, the elderly and others with compromised immune systems are at higher risk of becoming ill with Listeria infections. Pregnant women are also at higher risk of contracting Listeria infections and are recommended to avoid soft cheeses like brie, camembert, and blue (cream cheese is safe) to avoid infection and to prevent transmission to the fetus” Medicenet

Rhode Island food poisoning injury attorney

If you, or a loved one, have suffered serious injuries, harm or symptoms that you believe are caused by food poisoning, you need to have your legal rights protected. You are likely entitled to receive compensation from the eating establishment, food supplier, grower, farmer and/or others. Your RI injury attorney will seek legally recoverable losses and damages including your medical expenses, lost income from time away from work and out-of-pocket costs. In addition, your East Providence negligence lawyer will seek compensation from all parties at fault for your non-economic losses including pain, suffering, mental anxiety and emotional distress.

It is important to note that not every case of food poisoning rises to a level that requires civil action. However, if you are facing extensive medical expenses after suffering a particularly acute case of serious food poisoning, taking legal action is likely your best and most viable option.

Criminal No Contact Orders – What Constitutes a Violation?

November 13, 2023 By David

Rhode Island No Contact Order Violation

A “no contact order” means that the defendant is precluded from having any contact and or communication with the victim or the person under the protection of the no contact order. This includes but is not limited to letters, emails, text messages or messages delivered through a third party.

No contact order in RI

This article by Rhode Island Criminal Lawyer David Slepkow pertains to Rhode Island (RI) no contact orders. In other words if a person is under this type of restraining order and sees the victim in public they must leave the area immediately and not acknowledge the victims existence. A person cannot even say “hi” if they walk by the victim by chance on the street.Be very careful! A person can be arrested for a violation even if the victim initiates the contact and calls the defendant. A person can be charged with a violation even if invited by his wife to come back to the marital home.

When does an NCO expire?

Even if the victim tells you that the no contact order has been dropped, do not take the victims word for it. You must see the piece of paper signed by the judge dismissing the order before any contact or communication is initiated. A no contact order expires when the sentence period is finished. It also expires if the case is dismissed or the defendant is found not guilty. However, be careful because there may also be another restraining order issued as a result of a divorce or Family Court matter or a District Court restraining order.

Violation is a criminal offense in Rhode Island

A person who is on probation, bail or a probation attached to a suspended sentence must be even more vigilante in order to not violate the no contact order. A violation is a crime in itself which is also a violation of the conditions of probation, filing or bail.

A person on probation, during a one year filing or bail can be held at the ACI if they are accused of violating a no-contact order. For example if a person is on probation, filing or bail, a single phone call made by the defendant to a victim under the protection of a no contact order probably means a minimum of ten 10 days in jail at the ACI. We are not talking about the local town jail but the ACI. If a person has a suspended sentence the amount of jail time for could be substantial.

Legal Notice per RI Rules of Professional Responsibility:

One year Filings- Stay out of Trouble and Case Dismissed

November 13, 2023 By David

Rhode Island Case Dismissed What exactly is a one year filing in Rhode Island and what are the implications of accepting a filing? In a filing, the case is put aside for a year and if the person stays out of trouble for that year then the case is eligible to be expunged and destroyed at the end of the year. If a person gets in further trouble then the filing may be violated and the person sentenced again on the filing. An accused should either hire a criminal lawyer or if they are eligible contact the R.I. Public Defender.

Who gets a filing in RI

A one year filing is usually only offered by the prosecutor as a penalty for first time offenders for low level offenses. A filing is a penalty that is offered for first time offenders for relatively minor misdemeanors. It is is the lowest form of penalty available and is always better than probation

Expungement of filings

Do not forget to have your filing expunged at the end of the year! It is not automatic. A certified copy of the expungement order must also be sent to the Rhode Island Attorney General ‘s office, and the local police department that pursued the charges. A plea of nolo contendere with a filing is never a conviction in Rhode Island. In the event that a person is found guilty after trial, a person could still be sentenced to a one year filing. However, any guilty finding after trial will constitute a conviction. A guilty finding with a penalty of a filing should be appealed to avoid a conviction.

(Expungement is a process in which a person can have certain eligible Rhode Island criminal records expunged off there record. In order to obtain an expungement of a Rhode Island criminal record a person must file a motion to expunge. I strongly advise that you contact a Rhode Island Criminal Law attorney to determine whether a criminal record can be expunged.)

Stay out of trouble

If a one year filing is offered by the prosecutor / city solicitor and is accepted then the case will be “filed” for a year. This is commonly called a “filing”. If the defendant does not get arrested or get in other trouble and complies with the conditions of the filing during the one year period then the case can be easily expunged from a person’s record after the year.

Pursuant to Rhode Island law, Domestic cases such as domestic assault, domestic vandalism and domestic disorderly conduct can not be expunged for (3) years.

What types of filing are there in Rhode Island (RI)

There are two types of filings, not guilty filings and nolo contendere filings.

A nolo contendere filing is when the defendant admits to guilt and the case is filed for a year. The vast majority of filings are nolo contedere filings! Whereas, if a person is violated for a nolo contendere filing, the judge simply must impose a sentence because the person has already admitted guilt to that offense.***

If the person violates his filing by not complying with the conditions of the filing then the persons filing can be revoked by the Court. If a person takes a nolo contendere filing and gets into further trouble, violates the conditions of the filing or is arrested on a new offense then the person will be hailed back into court to be sentenced on the filing. (*** unless the filing was a not guilty filing which means the prosecution must prove the defendants guilt) If there is a new charge, a person can be violated for the filing and in addition be charged with a new crime. There are various conditions that can be put on a filing including alcohol and drug counseling, domestic violence counseling or classes, restitution, no contact with the victim and community service.

What happens if a person violates his or her filing?

If a person is arrested for a new offense while on a filing, the person is subject to being held at the aci for up to 14 days as a violator of his filing. When a person is arraigned for a new offense during the filing, the state will usually inform you that you either admit to the new offense and take probation or you will be held at the aci for up to 14 days prior to a hearing! A person who has a filing must be very careful! A new offense during the filing period in all likelihood means that a person will spend 14 days at the aci (jail) without the benefit of a hearing on the merits. In other words even if the person is innocent of the new offense, he or she could still spend up to 14 days in jail! This is extremely unfair and wrong but nevertheless it is the law in Rhode Island.

If the case is a domestic case or other case such as an assault and battery then a no contact order may be issued in favor of the victim when you accept the filing. A violation of the no contact order when on a filing will constitute a violation of the filing as well as a separate criminal offense and may lead to jail time at the aci.

Not guilty filing

*** A not Guilty filing is when the defendant maintains his innocence and the case if filed for a year. A not guilty filing is not usually allowed by Judges in the District Court! Not Guilty filings are extremely rare in the District Court. A major difference between a not guilty filing and a nolo contendere filing is when a person is violated for a not guilty filing then the state / prosecution must prove guilt at that time. Some judges will not allow not guilty filings as a matter of policy. Not guilty filings are very beneficial to the defendant as the best case scenario short of a dismissal or not guilty finding because if the person is accused of a new crime or violating their filing the state will need to still prove their underlying case.

Legal Notice per RI Rules of Professional Responsibility:

Speeding Accident Liability Lawyer | Slepkow law

November 12, 2023 By David

Cars are certainly designed to make it easier for individuals to get from one location to another. Caution must be exercised, however, to drive an automobile with care and within a reasonable speed given the conditions of the road and various other external hazards that could present an issue for drivers. Car accidents in Providence caused by speeding are increasing with alarming regularity, as the following statistics allude to. If you were injured in an auto accident, call RI injury lawyers.

Causal Factors and speeding

Speeding accident

Every year, the National Highway Traffic Safety Administration (NHTSA) publishes statistics related to car accidents in attempt to educate the broader public about the various factors that, left unchecked, could cause serious injury or fatality. The NHSTA attributes an accident to speeding if the driver of one of the vehicles is officially charged with a traffic violation related to driving at an excessive speed. This typically involves the officer noting that the driver was either racing, driving faster than the prevailing road conditions allow, of going over the speed limit that is posted for that particular route.

Gender and Age Related Factors

Of the drivers that are involved in a fatal crash where speed was a mitigating factor, young males tend to be the most likely to be the culprit. In addition, the prevalence rate of speeding tends to decrease as the driver ages, which leads to a corresponding decrease in speeding related fatalities. In one recent year, 24 percent of female drives aged 15 to years old, along with 19 percent of female drivers aged 21 to 24, were speeding at the time of a car accident fatality. For males, that number increases to 37 percent in both the 15 to 20 year old category and the 21 to 24 year old range.

Alcohol Related Statistics

The NHTSA also notes statistics showing that drivers who are under the influence of alcohol are more likely to speed. In 2012, it was found that 42 percent of speeding drivers had a blood alcohol concentration over .08 upon being involved in a fatal crash. During that same year, 28 percent of drivers under the age of 21 involved in a speeding related crash were considered to be under the influence of alcohol, while only 13 percent of non-speeding drivers in the same age category were found to have been drinking prior to their accident.

If you find yourself in need of legal assistance due to a speeding related accident, contact a professional and experienced Rhode Island automobile accident attorney as soon as possible.

Is Nolo Contendere a Conviction under Rhode Island Criminal Law?

October 30, 2023 By David

Rhode Island Criminal Law Nolo contendere means a person is not contesting the charges. When a defendant takes a nolo plea in Rhode Island, the defendant is indicting that he does not want to contest the charges but is also essentially admitting to the charges. What is the difference between a guilty plea and a nolo contendere plea in RI? There is a huge difference!

What is a criminal conviction in RI

A guilty plea is always a criminal conviction under RI law. A criminal conviction has major negative implications especially when a person applies for employment. A plea of nolo may not constitute a criminal conviction. It is only a conviction in RI if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.

Is a nolo plea a conviction in Rhode Island

For example, A plea of nolo contendere with a sentence of probation and a contribution to the violent crimes indemnity fund or court costs will not constitute a conviction under Rhode Island law! For example, A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law. However, anything with a fine attached to it will be a conviction under Rhode Island law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine.

All misdemeanor plea agreements in Rhode Island should be nolo contendere with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!

Legal Notice per RI Rules of Professional Responsibility:

Seriously Injured Innocent victim seized by Police and Forced to Court!

October 22, 2023 By David

Hint and run compensation in Rhode Island

Victim was arrested

This is a crazy story out of Rhode Island. A judge in the Ocean State arrested an innocent victim in an unprecedented strong arm tactic! This woman was essentially victimized twice.

Handcuffed woman was an innocent victim

The victim of a serious hit and run Accident in Woonsocket, Rhode Island was physically handcuffed, detained and seized by police as a result of a RI Superior Court Judges’ order. Apparently the judge believed that force was the only way to get this victim to Court to explain herself. The Providence Court issued a “body attachment” for a victim who apparently ignored a lawfully issued subpoena from the Superior Court. Read the Providence Journal Article below.

A heavy handed tactic by justice

In a rather unusual, heavy handed tactic, a victim of a very serious crime was essentially arrested. Why was an innocent victim of a very serious crime forcibly dragged to Court by authorities? The woman was seized to verify the authenticity of a letter of forgiveness to the hit and run criminal perpetrator. After a subpoena was apparently not complied with or ignored, the judge determined that a civil arrest was the best way to determine the letters authenticity.

“Despite the sincerity of Vanmoerkerque’s testimony, the judge was not amused that Feliciano’s role in the creation of the letter had been deliberately hidden from her before she agreed to accept the plea agreement. Amy Kempe, spokewoman for the attorney general, said later that Feliciano paid Vanmoerkerque the visit on Feb. 25, two days before she agreed to plea guilty in return for “a capped sentence” of no more than five years at the Adult Correctional Institutions, half the maximum. Whether any jail time was ordered would have been at the judge’s discretion. After listening to Vanmoerkerque, a sullen-faced Feliciano rose to face the judge, with her hands buried in her pockets. “Get your hands out of your pockets, I’m sentencing you,” the judge scolded. Vogel wanted to know how the letter came to be notarized, but Feliciano initially refused to answer the question. After a brief chat with her lawyer, Tom Hanley, she told the judge she had help from a friend. In the end Vogel ordered Feliciano back to court on May 15 for resentencing. Under state law, she faces a maximum of 10 years in jail, plus suspension of her driving license for up to five years.” In unusual move, Judge Vogel revokes plea deal | The Woonsocket …

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

August 17, 2014 By David

Cranston and Warwick attorneys

Rhode Island Personal Injury Attorney, David Slepkow 401-213-8073 represents clients across RI including Warwick, Cranston and Johnston residents.

Cranston, Rhode Island in the News- Mayor Fung saga

Mayor Fung drowsy driving Accident – In 1989, Allen w. Fung, the mayor of Cranston, was involved in a fatal automobile accident in Providence RI. After stopping in East Providence, he was on his way to Cranston. He travelled west on Route 195 and eventually was driving on 95S. He fell asleep at the wheel of his motor vehicle in an apparent drowsy driving crash.

Scene of fatal collision

He stopped his car at the scene of the wreck and awaited the state police to arrive at the scene. Sadly, a man died in the crash. State police pursued charges of driving to endanger death resulting. A grand Jury looked into the deadly, sleepy / drowsy driving car accident but did not indict him for the fatality. The victim was changing his tire in the breakdown lane at the time of the deadly mishap. The automobile accident resulted in a settlement of over$100,000. There is no indication of drunk driving or drugged driving in this motor vehicle Incident. Providence journal

More about fatal RI Drunk Driving Accidents here “Cranston, once known as Pawtuxet, is a city in Providence County, Rhode Island, United States. With a population of 80,529 at the 2010 census, it is the third largest city in the state. The center of population of Rhode Island is located in Cranston.^[3] Cranston is a part of the Providence metropolitan area.” http://en.wikipedia.org/wiki/Cranston,_Rhode_Island

Warwick in the news | Warwick personal injury attorney

The state of Rhode Island and Providence Plantations issued a significant press release concerning a “Drive Sober or Get Pulled Over” initiative to prevent drunk driving automobile and truck collisions in the Ocean state.

The press release states “From mid-August through Labor Day, Rhode Island State Police in conjunction with local police departments across the state will take part in the annual nationwide “Drive Sober or Get Pulled Over” campaign on drunk driving in Rhode Island.” http://www.ri.gov/press/view/22680 The National Highway Traffic Safety Administration and the Department of Transportation Office On Highway Safety sponsors this initiative.

Warwick police step up patrol

WPRO in Rhode Island reported that: “Warwick police will be stepping up patrols in coordinating with a statewide effort to prevent drunk driving….Funded by the Rhode Island Department of Transportation’s Office of Highway Safety (RIDOT OHS), Warwick and State Police will add 90 additional officers and troopers to the 125 already on patrol….On average, every 53 minutes someone is killed in a drunken driving crash and every 90 seconds someone is injured.” WPRO

If you were injured in a motor vehicle crash in Warwick then call a Warwick personal injury attorney or a Cranston personal injury lawyer. A Warwick personal injury attorney will help you get the justice you deserve.

Johnston Rhode Island Personal Injury News

WPRI reported;” There was a one bike motorcycle accident in Cranston RI causing a fatality. The motorcyclist lost control of his motorcycle and the motorcycle hit a utility pole. It is unclear whether a Cranston personal injury attorney is looking into this crash from a liability perspective. “According to police, the accident happened at the Route 10 off ramp around 1:18 a.m., across the street from the Cranston Police Department. According to Cranston police, speed was a factor in the crash. Ardente was not wearing a helmet when he lost control of his motorcycle, police said.” WPRO

Hartford and Atwood ave intersection

Since no other motor vehicles were involved in this tragedy there may be no need for the estate of the man killed in the fatal motorcycle accident to retain a Warwick Personal Injury Attorney In February, 2006 a Johnston RI fire truck was involved in a t- bone collision with an auto. This accident occurred at the intersection of Hartford and Atwood Ave.in Johnston. Sadly a young girl who was a passenger in the motor vehicle died as a result of the crash. There were conflicting reports from witnesses in the accident. One witness stated that the motorist driving the car ran a red light. Another witness declared that the automobile had a green light.

“An 11-year old girl has died following a spectacular crash between a Johnston fire truck and a car at the intersection of Hartford and Atwood avenues on Wednesday afternoon. Police said Anne Marie Indell, a town employee, was driving the car and suffered a broken ankle and Scott Clements was the firefighter behind the wheel of the truck, on its way to an emergency call.” http://www.firehouse.com/news/10500208/girl-killed-in-crash-with-rhode-island-fire-truck It is unclear whether the loved ones of the girl who died in the accident filed a wrongful death lawsuit using a Johnston or Warwick Personal Injury Lawyer.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

https://rhodeislandcriminallawlawyer.com/warwick-personal-injury-attorney-cranston/

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