Rhode Island DUI Lawyer

by criminal defense lawyer James Powderly

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Judge tosses breath test in DUI case

November 30th, 2007 · No Comments

Jane Hague was not properly warned of the implications of consenting to a breath test when she was pulled over for suspected drunk driving. The results of the breath test canĀ  not be used in court because she was not warned of the implications of taking the test.

According the defense attorney, the warning given to Hague fails to specify warning for drivers over 21 years of age. The warning states that drivers under 21 could lose their driving privileges if they are found in violation of the law. This loop hole makes it much more difficult for the prosecution to win the case.

This argument has been used before by attorneys seeking to have breath tests excluded from court hearings. Until police warnings are changed to adequately addresss all drivers, defense lawyers continue to utilize this loop hole to protect the rights of their clients.

If you or someone you know has been charged with a DUI and need help getting the charges lessened, contact the Rhode Island DUI Defense Attorney James Powderly at 401-662-9006 to schedule your initial consultation and to discuss your legal options.

Tags: Rhode Island Drunk Driving defense attorney · Rhode Island Drunk Driving Attorney · Rhode Island Drunk Driving Defense Lawyer · Rhode Island DUI attorney · Rhode Island DUI lawyer

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