RI DUI Trial Conviction Rates

by dave on November 17, 2011

Rhode Island judges and juries convict two thirds of the first offense DUI charges that go to trial.

According to this article in golocalprov.com, RI DUI convictions are much higher than neighboring Massachusetts because the process is very different, and far fewer weak cases are prosecuted, that would ultimately likely end in acquittal.

The article quotes Attorney James Powerderly extensively:

If the DUI charge may be difficult to prove, the prosecutor will often offer a deal that allows the defendant to plead guilty to the chemical test refusal charge in exchange for a dismissal or reduction of the DUI charge. With the discretion to appropriately resolve the borderline or difficult to prove cases, Rhode Island prosecutors are able to focus their efforts on achieving convictions for the cases with strong evidence, said Powderly.

“By weeding out the slam dunk wins for the defendant at the pre-trial stage, judges are left to preside over serious trials with the inevitable result of higher conviction rates then their Massachusetts counterparts,” said Powderly.

The plea process is significantly different, and the fact than many people agree to plead guilty to the chemical, or breath test refusal, means that more penalties are handed out that are short of DUI convictions.

In addition, because of this process, the number of first offense DUI cases that actually go to trial in Rhode Island is relatively small.  The article cited statistics from only 56 trials in the state in a three year period.

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