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The walking field sobriety test

If you have been arrested for and charged with a suspected driving under the influence charge in Rhode Island, you can probably attest to the fear and uncertainty you felt when the officer or officers pulled you over. Many parts of that stop may be a blur to you as you were understandably scared and trying to figure out what was going to happen to you. 

If you were asked to submit to testing, one of the tests you likely took was called a walk-and-turn test. FieldSobrietyTests.org explains that this is one of three standardized tests sanctioned for use by the National Highway Traffic Safety Administration. Contrary to what you and others may think, however, none of the field sobriety tests are indicated to prove that you were in fact drunk at the time of your arrest. Instead, they are only meant to give enough support to the fact that you might be intoxicated so that officers can legally arrest you.

What is the one-legged stand test?

Have you ever heard people talk about field sobriety tests and wondered exactly what those things were? Well, you are not alone. Knowing what these tests are and what they are used to determine or allow is important for anyone who drives in Rhode Island.

According to FieldSobrietyTests.org, the tests administered at the location of a suspected drunk driving traffic stop are not at all designed to confirm or quantify a driver's intoxication. Instead, the three tests are together intended to provide a law enforcement official with enough evidence to warrant placing a person under arrest. It is akin to probable cause if you will. One of the three tests used is referred to as the one-leg stand test for obvious reasons.

Defining white-collar crime

People in Newport may hear the term “white-collar crime” and conjure up images of debonair thieves stealing millions from giant corporations and being sent to the mythical “Club Fed” if they ever happen to get caught. However, such crimes are typically much less glamorous than popular media depicts them to be. Plus, the penalties that one may face for being convicted of such activity are often much more severe, as well.

The Federal Bureau of Investigation states that the definition of white-collar crime depends on the entity defining it. Some classify it based upon the social standing of the offender, while others define it based upon the organizational culture in which it occurs. For its part, The FBI views it as being any illegal action perpetrated through deceit, the violation of trust or concealment, independent of its application or any threat of force, that is committed to secure property, personal or professional advantages, or money and/or services, or to avoid a monetary loss.

Rhode Island State Police charge woman with DUI

Rhode Island residents may know that April is distracted driving awareness month but that does not mean that drivers will not need to watch out for officers and stops that may lead to other issues such as a drunk driving arrest. Even as April was imminent, one woman from Massachusetts learned this while driving southbound along a stretch of Route 295 in Rhode Island.

Reports allege that the woman, who is 23 years old, was found to have a blood alcohol content of approximately 0.40 percent. That is literally five times the legal limit for intoxication of 0.08 percent. If the breath tests are accurate, it is unsure how the woman was actually even conscious let alone driving. The arrest was made late on a weekday afternoon after people are said to have made calls to an emergency number because they saw the woman supposedly driving in a poor manner.

Rhode Island motorists will want to know about these three tests

Many people flock to Rhode Island this time of year to relax with their families and watch springtime come alive at scenic locations around the state. Of course, when tourist season piques, this also means roadways see even more traffic than usual. Many vacationers look forward to wining and dining while they're here, and this type of recreation often leads to trouble when a driver makes the choice to get behind the wheel after consuming alcohol.  

Of course, not every out-of-state visitor drives drunk. Even so, many people wind up getting pulled over for things completely unrelated to alcohol such as broken tail-lights or malfunctioning turn signals. This, in turn, often leads to unexpected requests for testing to determine impairment.

Defining the different levels of assault in Rhode Island

Altercations may be common in Newport, yet if you are like most, you may assume that few escalate into what many would consider to be assault. Yet oftentimes, clients come to us here at Lynch and Pine surprised to discover that what they may have classified as being minor scuffles end up netting them assault charges. If you have been involved in an altercation that could potentially result in criminal charges, you may want to exactly how the state defines assault, as well as what penalties you may face.

According to the General Laws of Rhode Island, any assault or battery that results in serious bodily injury could cause you to face felony charges. The law defines “serious bodily injury” as:

  •          Injuries that create a substantial risk of death
  •          Injuries that result in the impairment of a body part or organ
  •          Injuries that cause permanent disfigurement
  •          Injuries that circumcise, excise or infibulate any part of a male or female’s genitalia

The walk-and-turn DUI test

If you have ever wondered what might happen to you during a traffic stop and a police officer decides to test you for potential impairment, you are not alone. FieldSobrietyTests.org explains that there are a series of tests sanctioned by the National Highway Traffic Safety Administration that officers can use to help them gather information that may support them placing you under arrest for suspected drunk driving.

One of the three field sobriety tests is called the walk-and-turn test. This test on its own is only said to be 66-percent accurate. Many factors may prevent you from sucessfully passing the test even if you are not under the influence of alcohol. These may include physical conditions, what shoes you are wearing and even your nerves as you may well be extremely anxious and nervous because you know you are being investigated.

Don’t let a traffic stop destroy your future

Seeing the red and blue flashing lights of a police car in your rear view mirror can be enough to make any driver panic. Having to pull over and speak to police officers is, at the very least, inconvenient and a bit embarrassing. However, a traffic stop also has the potential to lead to some very serious consequences for a driver accused of breaking the law.

With this in mind, we encourage Rhode Islanders to take seriously any charges stemming from a traffic stop, even if they appear to be minor. They can actually have a devastating impact on your life.

Investigators take medical fraud seriously

Because medical insurance is a complex and complicated entity, some people working in the health care industry have found it easy to deceive the system for personal gain. Patients are often unaware of the coverage their plans offer or the types of diagnostics a physician may order for particular complaints. Add to that the level of trust many place in their health care providers, and you can see why someone could find fraud enticing.

However, you may have been shocked to have received word that investigators are examining you and the role they believe you played in the scheme to defraud patients in your office. Whether you are completely innocent or caught up in a ring of deceit and theft, you can't pretend it will go away. Detectives are focused on the serious risks patients face in the midst of health care fraud.

What is a common nuisance?

When you think about drug-related crimes, you probably think of selling, trafficking or possessing unlawful substances. However, there are a number of other offenses related to drugs for which you can be arrested.

For instance, recently, more than eight people were arrested and charged with visiting or maintaining a common nuisance after police conducted a raid. In this post, we will look more closely at what a common nuisance is and what penalties you might be facing if you wind up charged with an offense stemming from a common nuisance.

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