RI Criminal Defense Lawyer James E. Smith protected client’s license from being suspended yesterday. Police report indicated client was stopped by police, but upon contact attempted to flee. Once apprehended, client refused to submit to a field sobriety test and also refused a chemical test. Normally, refusing a chemical test results in an automatic loss of license, but Attorney James E. Smith successfully argued that the judge should not order the suspension because the police officer did not have reasonable grounds to believe the client had been driving a motor vehicle while under the influence of intoxicating liquor.
Police Department’s motion for a Preliminary Order of Suspension: DENIED