"Breathalyzer Elements for Admissibility"
A Rhode Island DUI Case will often times include evidence of breathalyzer or breath test results. Defense counsel should inform himself of the foundation that the prosecution must lay in order to qualify the particular intoxication test. In the absence of an adequate foundation, defense counsel should object to admission of results of the test. Although all states do not require proof of the same matters, items from the following list could reasonably be required by any court as a predicate, and defense counsel should be prepared to object to admission of the test results if any applicable items are not established by the prosecution:
1. That the subject was legally arrested for driving while intoxicated prior to the demand for the test;
2. That the operator of the device was properly trained and licensed;
3. That the operator and the device were under adequate supervision by an expert;
4. That the chemicals used were compounded properly;
5. That the test was administered in accordance with the test methods directed by the state agency that supervises intoxication test results.
6. That nothing alcoholic was in the subject's mouth for 15 to 30 minutes before the test;
7. That the person interpreting the results of the test was qualified to do so; and
8. That the reading of blood-alcohol content showed a violation of the state statute creating a presumption of intoxication. Read More...
1. That the subject was legally arrested for driving while intoxicated prior to the demand for the test;
2. That the operator of the device was properly trained and licensed;
3. That the operator and the device were under adequate supervision by an expert;
4. That the chemicals used were compounded properly;
5. That the test was administered in accordance with the test methods directed by the state agency that supervises intoxication test results.
6. That nothing alcoholic was in the subject's mouth for 15 to 30 minutes before the test;
7. That the person interpreting the results of the test was qualified to do so; and
8. That the reading of blood-alcohol content showed a violation of the state statute creating a presumption of intoxication. Read More...
Attorney Hagan honored in "Newport this Week"!
05/04/10 19:00 Filed in: Kevin Hagan | Newport
Check out the most recent issue of “Newport this Week” newspaper, where Attorney Kevin Hagan is honored in the “Men Who Make A Difference” section. See below for the full text accompanying this distinction:
“After a year as a Rhode Island Superior Court Law Clerk and six years as Special Assistant Attorney General in Rhode Island, Kevin Hagan joined the firm of Houlihan, Managhan & Kyle. From 2002-2008, Kevin worked as a prosecutor for the Attorney General’s Office where his work included litigating dozens of domestic violence felony cases and homicides. Kevin has also served as part of the Providence Prostitution Task Force. Attorney Hagan now practices a diverse slate of litigation: Family Court, Criminal Defense Law and Civil Litigation. Kevin is a former member of the Roger Williams University Alumni Board, and he serves as an adjunct faculty member at the Community College of Rhode Island. A native of Worcester, Massachusetts, his family placed a high priority on helping people - a tradition Kevin follows in his role as a lawyer, husband and new father. Kevin lives with his wife Domenica and his son, Thomas, in Newport. Attorney Hagan is a member of the RI and Massachusetts State Bar Associations and the Rhode Island Federal District. Because of his commitment to justice, Kevin Hagan is a Man Who Makes A Difference!”
“After a year as a Rhode Island Superior Court Law Clerk and six years as Special Assistant Attorney General in Rhode Island, Kevin Hagan joined the firm of Houlihan, Managhan & Kyle. From 2002-2008, Kevin worked as a prosecutor for the Attorney General’s Office where his work included litigating dozens of domestic violence felony cases and homicides. Kevin has also served as part of the Providence Prostitution Task Force. Attorney Hagan now practices a diverse slate of litigation: Family Court, Criminal Defense Law and Civil Litigation. Kevin is a former member of the Roger Williams University Alumni Board, and he serves as an adjunct faculty member at the Community College of Rhode Island. A native of Worcester, Massachusetts, his family placed a high priority on helping people - a tradition Kevin follows in his role as a lawyer, husband and new father. Kevin lives with his wife Domenica and his son, Thomas, in Newport. Attorney Hagan is a member of the RI and Massachusetts State Bar Associations and the Rhode Island Federal District. Because of his commitment to justice, Kevin Hagan is a Man Who Makes A Difference!”
"In a RI DUI case, the attorney of record should have an in depth knowledge of the constitutional requisites for the admissibility of evidence."
In a Rhode Island DUI, DWI, or Driving Under the Influence criminal defense, the attorney of record should have an in depth knowledge of the constitutional requisites for the admissibility of evidence. All possible violations of the defendant's constitutional rights should be investigated. These would include (1) whether the police had probable cause to stop the defendant, (2) whether a legal arrest was made, (3) whether constitutional and statutory warnings were given, (4) whether probable cause to request a breath-alcohol or other scientific test existed, (5) whether a legal search and seizure occurred (6) whether the defendant's right to counsel was violated, and (7) whether a confession was legally obtained. In a Rhode Island Drunk Driving, DUI arrest or DWI prosecution, a criminal defense attorney should also be keenly aware that “operation” is an important element for the prosecution to prove. In other words, the prosecutor in Rhode Island must prove beyond a reasonable doubt that the DWI, DUI suspect actually was operating the vehicle while under the influence. Some of these issues follow: Read More...
"A first offense of driving while intoxicated can carry more than the six months' jail penalty"
With respect to a Rhode Island DWI, Rhode Island DUI or Rhode Island Drunk Driving or Driving under the Influence case, a first offense of driving while intoxicated can carry more than the six months' jail penalty measure set by the United States Supreme Court in the Miranda case as the point from which it may be determined that "substantial" rights of a suspect are involved which would require the giving of constitutional warnings prior to interrogation. Consequently, the police ordinarily do give constitutional and statutory warnings regarding the rights of a suspect when they make an arrest for driving while intoxicated.
In jurisdictions where previous driving-while-intoxicated convictions enhance the penalty, the arresting officer normally does not know whether the conduct observed in the instant case constitutes a misdemeanor or felony violation, and will not know until the suspect's record has been checked. Consequently, it would seem that good police procedure in these jurisdictions should entail the giving of constitutional warnings as soon as an arrest is made in any driving-while-intoxicated case. In an RI DUI, DWI, or driving under the influence prosecution, the police will read the suspect their “Rights for use at scene, which is essentially the equivalent of “Miranda” Rights. Read More...
In jurisdictions where previous driving-while-intoxicated convictions enhance the penalty, the arresting officer normally does not know whether the conduct observed in the instant case constitutes a misdemeanor or felony violation, and will not know until the suspect's record has been checked. Consequently, it would seem that good police procedure in these jurisdictions should entail the giving of constitutional warnings as soon as an arrest is made in any driving-while-intoxicated case. In an RI DUI, DWI, or driving under the influence prosecution, the police will read the suspect their “Rights for use at scene, which is essentially the equivalent of “Miranda” Rights. Read More...
"In Rhode Island, Drunk Driving, DUI, DWI, Sobriety Checkpoints are unconstitutional."
In Rhode Island, Drunk Driving, DUI, DWI, Sobriety Checkpoints are unconstitutional; however in other states across the country, and pursuant to Federal Law, these drunk driving reduction tools are constitutionally permissible. It will not be long before our Rhode Island Supreme Court revisits this issue in a manner more analogous with the majority of U.S. jurisdictions. The following examples illuminate the issues surrounding Rhode Island DUI, DWI, and Drunk Driving checkpoints. Read More...