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  1. #1
    Join Date
    May 2018
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    2

    Unhappy DUI and Driving to Endanger Charge, With Personal Injury

    My question involves criminal law for the state of: Rhode Island.

    my brother was arrested for dui and driving to endanger personal injury resulting -- refused the breath test and was going crazy they brought him to the hospital -- he was extremely intoxicated bac was over .20--

    he drove the wrong way on the highway after telling my parents he was going to kill himself -- he was released to my custody after evaluation at hospital when he was sober--

    every one is ok -- the police told me the people in the other car had minor injuries and were released from the hospital the same night-

    every thing i find on line with this charge says serious injury -- he has never been on probation or have any other serious charges -- he has 1 disorderly conduct charge that is the only thing on his record--

    what can i expect to happen, is he going to go to jail ?

  2. #2
    Join Date
    Sep 2005
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    Default Re: DUI and Driving to Endanger Charge, With Personal Injury

    It's very possible, but many things could happen. Depending upon the severity of his mental illness, he may be able to raise an issue of criminal responsibility or convince a prosecutor to reduce the charge. Or the prosecutor might view him as an irresponsible guy who got so blind drunk he couldn't tell that he was going the wrong way, and that he deserves everything that comes to him. Or somewhere in between.

    He's lucky that he didn't kill anybody -- and even if we assume no prior record, the extreme dangerousness of his actions may inspire a prosecutor or judge to find that he's deserving of jail or even prison time.

    What he needs is a good lawyer.

  3. #3
    Join Date
    May 2018
    Posts
    2

    Default Re: DUI and Driving to Endanger Charge, With Personal Injury

    I know, I have thanked God no one was seriously injured... I cant even believe this happened..
    he doesn't remember anything.. He really was just so black out drunk he didn't know what he was doing.. smh. He was parked in the break down lane and then did a u turn in the wrong direction... I called lots of lawyers and everyone wants like 5 thousand dollars we dont have that money.

  4. #4
    Join Date
    Mar 2013
    Posts
    17,041

    Default Re: DUI and Driving to Endanger Charge, With Personal Injury

    Quote Quoting shayna87
    View Post
    I called lots of lawyers and everyone wants like 5 thousand dollars we dont have that money.
    That's just the retainer. The lawyer will still bill by the hour and you can bet that the defense costs will be multiples of that amount by the time it's over.

    Your brother needs to see if he qualifies for a public defender.

    Rhode Island General Laws 31-27-1.2. Driving so as to endanger, resulting in physical injury
    (a) When the physical injury of any person ensues as a proximate result of the operation of any vehicle in reckless disregard of the safety of others, including violations of 31-27-22, the person so operating the vehicle shall be guilty of “driving so as to endanger, resulting in physical injury”.
    (b) Any person charged with a violation of this section shall upon conviction be imprisoned for not more than two (2) years and have his or her license to operate a motor vehicle be suspended for no more than one year.
    He could be looking at up to two years in prison (among other things) for just that. And it could be a separate count for each person injured in the accident, regardless of how minor.

    You can look at the other charges and penalties at:

    https://www.lawserver.com/law/state/..._chapter_31-27

  5. #5
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: DUI and Driving to Endanger Charge, With Personal Injury

    Many attorneys accept DUI cases on a fixed price basis. Some will quote tiered pricing with one price to review discovery and negotiate a plea, with another price if the case is taken to trial. Many will accept payments, continuing the case as long as the judge will allow in order to give the client more time to pay. Just ask the attorney what the billing scheme is. They have to disclose this in the engagement letter or contract. But if your father cannot find an attorney he can afford he should ask the court if he qualifies for a public defender. He absolutely has to have some attorney to represent him.?

    And, I've never heard of a defendant receiving the statutory maximum sentence for a first-time DUI of any kind. Even a DUI manslaughter with no prior criminal or DUI history would not receive the statutory maximum sentence in the vast vast majority of cases without some really aggravating factor.

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