Defending Individuals Facing Serious Traffic Violations and Criminal Driving Charges
Not all traffic matters are simple tickets resolved with a fine. Many driving-related offenses carry criminal penalties that can result in license suspension, increased insurance rates, substantial fines, and even incarceration. For professional drivers, commercial license holders, or anyone whose livelihood depends on the ability to drive, a serious traffic charge can threaten far more than just driving privileges.
At Corrao & Robles Law, attorney Nelson Robles represents individuals facing criminal traffic charges throughout Rhode Island and Massachusetts. From DUI and reckless driving allegations to leaving the scene of an accident and vehicular assault, Attorney Robles works to challenge the evidence, protect his clients’ driving privileges, and pursue the most favorable resolution available under the circumstances.
Common Types of Traffic Crimes
Criminal traffic offenses go well beyond ordinary civil infractions. Common charges include:
The severity of these charges ranges from misdemeanors to serious felonies, and the specific circumstances surrounding the alleged conduct — including whether injuries or fatalities occurred — play a significant role in how a case is charged and prosecuted.
Rhode Island Traffic Crime Laws
Rhode Island treats certain driving offenses as criminal matters that carry penalties well beyond a standard traffic fine. Reckless driving, driving to endanger, and driving under the influence are all prosecuted criminally and can result in license suspension, fines, and incarceration depending on the circumstances and prior record.
Rhode Island’s DUI laws impose increasingly severe penalties for repeat offenders, with mandatory minimum sentences and extended license suspension periods that escalate with each subsequent offense. Rhode Island also maintains an implied consent law, meaning drivers are presumed to have consented to chemical testing when operating a vehicle on public roads, and refusal to submit to testing carries its own license-related penalties.
Massachusetts Traffic Crime Laws
Massachusetts uses the term Operating Under the Influence (OUI) rather than DUI, but the legal consequences are equally serious. Massachusetts has a lifetime lookback period for OUI offenses, meaning prior OUI convictions from any point in a person’s history can be used to enhance penalties for a current charge, regardless of how long ago the prior offense occurred.
Massachusetts law also imposes Melanie’s Law provisions that include ignition interlock device requirements for repeat OUI offenders. Negligent operation of a motor vehicle and reckless driving are also criminally prosecutable offenses in Massachusetts, and leaving the scene of an accident involving injury or death carries felony-level penalties.
DUI and OUI Defense
Driving under the influence charges are among the most commonly prosecuted criminal traffic offenses in both states, and they’re also among the most defensible when the evidence is carefully examined.
Challenging the Traffic Stop
Before any DUI or OUI prosecution can succeed, the government must establish that the initial traffic stop was lawful. Law enforcement must have had reasonable suspicion of a traffic violation or criminal activity to justify pulling a driver over. If the stop lacked adequate legal basis, evidence gathered as a result may be subject to suppression.
Field Sobriety Test Reliability
Standardized field sobriety tests are subject to significant variability depending on the officer’s training, the conditions the tests were administered under, and individual physical factors affecting the driver’s performance. These tests are not infallible, and their results can be effectively challenged in many cases.
Breathalyzer and Chemical Test Issues
Breathalyzer devices must be properly calibrated, maintained, and operated according to specific protocols to produce reliable results. Blood and urine testing must also follow established chain of custody and laboratory procedures. Errors in any part of this process can undermine the reliability of chemical test evidence and provide grounds for a challenge.
Medical and Physical Conditions
Certain medical conditions, prescription medications, and physical limitations can produce symptoms that mimic impairment or affect the results of breath and field sobriety testing. Identifying and presenting this type of evidence is an important component of a thorough DUI defense.
Leaving the Scene of an Accident
Leaving the scene of an accident — also known as a hit and run — is treated as a serious criminal offense in both Rhode Island and Massachusetts, especially when the accident involved injury or death. Penalties increase significantly based on the severity of harm involved, and a conviction can result in substantial prison time, license revocation, and a permanent criminal record.
Vehicular Assault and Vehicular Homicide
When a traffic offense results in serious injury or death, criminal charges can escalate dramatically. Vehicular assault and vehicular homicide charges carry felony-level penalties and are prosecuted with the full resources of the state. These cases frequently involve accident reconstruction experts, medical testimony, and extensive investigation by law enforcement.
Defending against these charges requires a careful examination of the physical evidence, independent review of any accident reconstruction analysis, and a thorough understanding of the legal standards that distinguish criminal negligence from an ordinary accident.
Consequences of a Criminal Traffic Conviction
The consequences of a criminal traffic conviction extend well beyond the immediate legal penalties and can include:
License Suspension and Restoration
Separate from any criminal proceedings, a traffic-related arrest or conviction often triggers administrative license suspension proceedings handled by the Rhode Island Division of Motor Vehicles or the Massachusetts Registry of Motor Vehicles. These proceedings operate independently of the criminal case and have their own deadlines, procedures, and standards.
Acting quickly to address the administrative side of a traffic matter is essential, as deadlines to request a hearing or appeal a suspension can be short and failure to act within those windows can result in automatic license loss.
When to Speak With a Traffic Crimes Attorney
Contact an attorney as soon as possible if any of the following apply:
Work With Corrao & Robles Law
Attorney Nelson Robles represents individuals throughout Rhode Island and Massachusetts facing DUI and OUI charges, reckless driving allegations, vehicular assault, and other criminal traffic matters, working to challenge the prosecution’s evidence and protect each client’s driving privileges and future.
Corrao & Robles Law is prepared to evaluate the circumstances of your case and discuss the options available to you.