Rhode Island DUI - DWI Law - Should I Refuse The Breathalyzer?
1) Should I refuse a Breathalyzer test in Rhode Island?
The answer is - "it depends". There is no good definitive answer to this question in Rhode Island. The only proper answer is it depends on the circumstances. If you need any Rhode Island dui / dwi or breathalyzer refusal legal help or have any questions please contact Rhode Island criminal lawyer David Slepkow at 401-437-1100 or at http://www.slepkowlaw.com/refusal.htm
If you refuse the Breathalyzer test, your license and/or privilege to drive in Rhode Island will be automatically suspended after the arraignment but prior to any hearing or disposition of the matter on the merits. If you refuse a Breathalyzer test, the chances of winning are relatively slim.
In a Breathalyzer case, the state must only prove that they had probable cause to arrest you and reasonable suspicion to believe that you are operating a motor vehicle in Rhode Island while intoxicated, that you were properly read your rights, and that you did in fact refuse the Breathalyzer. Even if you refuse, the state will typically still charge you with criminal DUI based on the officer(s) observations. Many, but not all, town and cities will dismiss the criminal observation case if you agree to take a plea for minimum sanctions (at least 6 months) at the refusal hearing.
If you lose the Breathalyzer case, for a first offense within five years, the penalty will be six months to twelve months loss of license as well as fines and driver retraining and community service. You will also be required to obtain expensive insurance on your automobile. The advantages of a refusal over a criminal case is that the penalty for a first refusal is a civil violation that will not be a criminal conviction on your record. (Please note that a 2nd offense refusal in Rhode Island is now a criminal offense!)
If you take the Breathalyzer test and fail it, you will be charged with a criminal DUI. These cases are much more difficult for the prosecution to prove than a Breathalyzer refusal. Your chances of winning a criminal DUI case is much greater than a refusal case! If you take the Breathalyzer, you will not automatically lose your license at the arraignment (as you would in a refusal case). You will only lose your license if you are convicted. In other words, you can drive while the case is proceeding. If convicted in a criminal DUI case first offense, you will lose your license anywhere between 3 months to 6 months. If convicted, you will also have to take driving classes, do community service and obtain expensive insurance for your vehicle.
In a criminal DUI, the state must not only prove probable cause to make the arrest, they must prove beyond a reasonable doubt that you were too intoxicated to operate a motor vehicle in the State of Rhode Island as well as proving that you were properly read your rights and that other legal requirements were met. If you lose the criminal DUI case, you will have a criminal conviction on your record. A criminal conviction can severely hurt employment opportunities and in some case lead to loss of a job. Also, a second or third conviction for DUI/DWI will mean mandatory jail time. Please call Attorney David Slepkow if you have any questions, 401-437-1100.
2) Are there any bright line rules in Rhode Island?
a) Yes. If you are absolutely positive you will pass, take the Breathalyzer test.
b) If someone is injured in an accident - refuse the Breathalyzer.
c) If you already have a criminal DUI within the past 5 years, then you must refuse because you face mandatory jail time.
d) If you are in a profession in which a criminal conviction may hurt your career or subject you to professional discipline, i.e. lawyer, politician, teacher, then you probably should refuse.
If the bright line rules don't apply, then what?
Use a balancing test. You need to balance your need to drive your automobile versus what effect a criminal conviction will have on your life. If you absolutely need your license for your job and a criminal conviction will not affect your life, then take the test if none of the bright line rules (such as an injury) apply.
If you take the Breathalyzer test, you will not automatically lose your license and can drive while the criminal case is pending and will only lose your license if you lose the case. Your chances of winning the criminal case and retaining your license is much greater than a refusal case. However, the flip side is that if you lose the criminal case, then you will have a conviction on your record and minimum jail potential for a second offense.
3) Does Rhode Island allow a person to drive for work after their license is suspended for DWI or refusal?
No. There is no exception allowing a person to use their vehicle for work purposes when their license is suspended.
David Slepkow is a Rhode Island lawyer/attorney practicing dui / dwi, breathalyzer refusal & criminal law as well as Divorce, personal injury, real estate and the general practice of law. David has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com for more information or to contact David Slepkow. You can also call Attorney David Slepkow if you have any legal questions at 401-437-1100.
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Rhode Island Real Estate law- Frequently Asked Questions RE: closings, title insurance
1) What is title insurance? How much does it cost? Should I buy it?
Owner's title insurance protects the Buyer of a property against undiscovered liens or defects in the title prior to the time of purchase. If you need any legal help concerning a Rhode Island real estate law matter please contact an attorney at Slepkow Slepkow & Associates, Inc. at 401-437-1100 or through our website at http://www.slepkowlaw.com
Title insurance insures the record title and protects an owner of property from losses arising from defects occurring prior to the date of the policy. Therefore, it differs from other types of insurance because it is retrospective in nature. It also differs from other types of insurance because there is only a single premium charge for title insurance, but the protection lasts for as long as you own the property. There are different title insurance policies which protect both owners and lenders. Lender's title insurance performs the same purpose, but only for the lender in a transaction. The fee is typically about $2.50 per $1000 for lender's coverage and $3.50 per $1000 for owner's coverage. Lender's insurance is required and you are strongly encouraged to purchase owner's insurance for numerous reasons. If you have any questions in this regard or have been given advice that owner's insurance is not necessary, please contact one of our attorneys to make an informed decision.
Since one's home is usually the single biggest financial investment, it is highly prudent and wise that a homeowner would want to protect that investment and enjoy the benefits of ownership. An owner's title policy is that protection.
2) What type of claims are covered by Owner's Title Insurance?
The owner's title policy insures against loss or damages sustained by the owner by reason of historical discrepancies such as forgery, undisclosed but recorded prior mortgages, bankruptcies, liens or divorces, deeds not properly recorded, missing wills or heirs, and inadequate property descriptions.
3) Why do I need an attorney for a closing?
An attorney should always be present at a closing to answer legal questions and to resolve disputes. Most lenders require the presence of an attorney at all closings. At our firm, all closings are always conducted by an attorney. In Rhode Island, the buyer has the right to choose the attorney to handle the title search. You should always insist on an attorney instead of a title company, as we will help to resolve the problems which arise, and will not limit our scope to merely searching the title.
4) When do I get my proceeds as a Seller?
The Seller will be given the proceeds from the sale after the deed has been recorded. In our office, we always record the documents the same day if the closing occurs before noon, and within 24 hours of closing in any event, barring weekends and holidays.
5) What happens if the house is not ready for me to move in on the day of closing?
If the house is not in the proper condition to move in at the time of closing, you will need to consult with an attorney. At our firm, if we are handling the closing, we will always strive to help the buyer with the predicament. Options include postponing the time of closing, giving a buyer credit, or escrowing funds from the seller until the property is in the proper condition.
6) Where does the closing take place?
The closing will occur at the attorney's office for the buyer. Occasionally, the closing may occur at the lender's office or a real estate agency, but the vast majority close at the attorney's office.
7) What form of money should I bring to the closing?
Buyers should bring a bank check or certified funds to closing. If one of these options is not available, buyers should make arrangements to wire funds directly to the closing attorney at least one business day prior to the day of closing. If verifiable funds are not present at the time of closing, the recording of the documents will be delayed and the buyer may not be able to move into the new home. Personal checks or cash are acceptable in nominal amounts up to a maximum of $1000.
8) What other obligations are there as a Seller of property?
The seller is obligated to produce a Smoke Detector and Carbon Monoxide Detector Certificate at the time of closing. To obtain a certificate, the seller or its agent must contact the fire department for the municipality in which the property lies to conduct the inspection.
9) Will I receive a survey of the property at the closing?
No. In Rhode Island, lenders do not require surveys. Unless the buyer requests a survey, no one will physically verify the boundaries of the property. In Massachusetts, a lender may require a plot plan of the property which does not formally locate all of the property boundaries, but it does locate the house in particular vicinity within the boundary lines.
10) Will I receive an appraisal of the property at the closing?
You are always entitled to a copy of the lender's appraisal if there is a lender involved on your behalf as a buyer. The appraisal is often presented at the closing, or it can be requested in writing.
11) What if my property is in a flood zone?
If the property you are purchasing is in a flood zone as depicted on the government maps, the lender will require you to obtain flood insurance. You should be careful of this whenever the property is near the water as flood insurance is often quite costly.
12) Does a title search or title insurance cover zoning issues?
No. Zoning determinations are completely separate from the title to the property. If you want an attorney to verify the zoning for you, an additional fee would be required.
David Slepkow is a Rhode Island lawyer practicing real estate law, divorce, family law & personal injury. Our firm, Slepkow Slepkow & Associates Inc. has been in existence for 75 years and has done over 30,000 real estate closings. Please goto http://www.slepkowlaw.com or http://www.slepkowlaw.com/realestate.htm for more information or to contact Rhode Island attorney David Slepkow.
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Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination
1) What if my child's parent works overtime? Will overtime be included in child support?
There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. If you have any legal qyestions or need to contact Rhode Island Child support attorney David Slepkow you can go to http://www.slepkowlaw.com/support.htm or call him at 401-437-1100.
One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.
Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.
Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.
2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?
Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.
Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 23 years old?
3) Can I get my child's father to be ordered to pay for my child's college education?
In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.
4) Who is going to pay for my child's daycare?
The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.
For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.
5) How do I modify, increase or terminate child support in Rhode Island?
In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, child support, alimony custody and visitation. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. Please goto http://www.slepkowlaw.com to contact David Slepkow or to obtain more information. You can also call David slepkow. 401-437-1100
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