Newport RI Defense Attorney Recent Results
MARIJUANA DEFENSE ATTORNEY MACKTAZ INTERVIEWED BY LAWYERS WEEKLY: Click here to Read the article
Recent Wins
Successful Rhode Island DUI DWI and Breathalyzer Refusal Case Defenses
by Attorney Macktaz
Criminal Charges: Breathalyzer Refusal
Police Report: Smithfield Police clock Client’s vehicle at 61 MPH in a 25 MPH zone and observe Client’s car drift over the center in into on-coming traffic twice. Police observe a strong odor of alcohol, bloodshot and watery eyes, and mumbled speech. Client needed to use the door frame of the car to get out of vehicle, failed 3 field-sobriety tests and admitted to drinking earlier in the evening.
Result: NOT GUILTY AFTER TRIAL
Criminal Charges: Refusal to Take a Breathalyzer Test
Police Report: A Warwick Police Officer on a fixed post at 2:30am observes Client “spinning his wheels” coming off the Jefferson Blvd. exit to 95 south. Officer observes Client’s vehicle to cross the center line on at least 2 occasions. After stopping Client, police officer observes strong odor of alcohol, bloodshot and watery eyes, and slurred speech. Client takes and fails 3 field sobriety tests.
Result: Count One: DISMISSED
Criminal Charges: Driving Under the Influence 1st Offense; Breathalyzer Refusal 2nd Offense
Police Report: East Providence Police observe Client weaving on 195E and then straddling the right breakdown lane. After stopping Client, and in addition to the usual observations of odor of alcohol, bloodshot eyes and slurred speech, police observe that Client’s pants are around his ankles and he has urinated himself.
Result: DUI: REDUCED to Reckless Driving with no loss of license
2nd REFUSAL: DISMISSED
Criminal
Charges: Breathalyzer Refusal 2nd Offense
Police Report: Police respond to an
accident involving serious injuries. Police observed
client to have an extreme odor of alcohol, bloodshot
and watery eyes and slurred speech. Client fails three
(3) field sobriety tests and admits to police that he
had consumed several alcoholic beverages.
Result: DISMISSED
Criminal
Charges: Driving Under the Influence 1st Offense
Police Report: The police stopped client
for driving 60MPH in a 25MPH zone, after observing client
crossing double yellow lines on three (3) occasions.
Police observed a strong odor of alcohol, extremely
staggered gait, slurred speech and extremely bloodshot
and watery eyes. Client failed three (3) field sobriety
tests.
Result: DISMISSED
Criminal
Charges: Breathalyzer Refusal; Right Half of
Roadway; Lane Roadway Violation; Driving an Unsafe Vehicle;
Failing to Notify Authorities after Accident
Police Report: Client struck a pedestrian
with her vehicle and fled the scene of the crime. Police
stopped client and observed two (2) flat tires, and
heavy front-end damage to her vehicle. Police observed
client to have a strong odor of alcohol emitting from
her breath, bloodshot watery eyes and a reddish face.
Client was unable to complete field sobriety tests and
failed all three (3) tests.
Result: Count One: DISMISSED
Count
Two: DISMISSED
Count
Three: DISMISSED
Count
Four: DISMISSED
Count
Five: DISMISSED
Criminal
Charges: Reckless Driving; Speeding (120MPH
in a 55MPH zone)
Police Report: Client is operating
his motorcycle on 95 north, and police report indicates
he is “clocked” at 120MPH. Client is observed
weaving in and out of traffic without use of turn signals,
and tailgating. Police chase client for approximately
10 miles before coming to a stop.
Result: Count One: NOT GUILTY
Count Two: NOT GUILTY
Criminal
Charges: Breathalyzer Refusal; Right Half of
Roadway
Police Report: Police observe client’s
vehicle cross solid yellow line with both driver’s
side front and rear tires. Police observe client’s
vehicle strike the right side curbing with his left
front wheel. Police stop client and observe him to have
a strong odor of alcohol on his breath, blood shot eyes,
and a confused manner. Client fails three (3) field
sobriety tests and registers a .210 on the preliminary
breath test.
Result: Count One: DISMISSED
Count Two: DISMISSED
Criminal
Charges: Driving Under the Influence
Police Report: Police respond to the
report of a vehicle stopped in the middle of the roadway
with an unconscious driver. The police approach client,
wake her up, and then notice a strong odor of an alcoholic
beverage, bloodshot watery eyes and slurred speech.
Client fails three (3) field sobriety tests and admits
to having a number of drinks earlier in the evening.
Client is also extremely uncooperative with the arresting
officer.
Result: DISMISSED
Criminal
Charges: Breathalyzer Refusal; Refusal to Take
Preliminary Breath Test; Operating an Unregistered Motor
Vehicle; Operating without Proof of Insurance
Police Report: Client runs a stop sign
and causes a major accident. Police arrive and observe
client to have a very strong odor of alcohol on her
breath, glassy and blood shot eyes. Client fails three
(3) field sobriety tests, and is uncooperative with
the police officers.
Result:
Count One: DISMISSED
Count
Two: DISMISSED
Count
Three: DISMISSED
Count
Four: DISMISSED
Criminal
Charges: Driving Under the Influence
Police Report: Client is observed crossing
over the center line on three (3) separate occasions
while operating with her headlights off. Police stopped
client and observed an odor of alcohol, bloodshot, watery
and glassy eyes with mumbled speech. When client stepped
from her vehicle, she had to balance herself by using
her vehicle. Client then failed three (3) field sobriety
tests.
Result: DISMISSED
Successful Recent Rhode Island Criminal Case Defenses by Attorney Macktaz
Criminal Charges: Assault and Battery on a Police Officer; Disorderly Conduct
Police Report: Providence Police respond to a report of a woman lying on the sidewalk. Police arrive and discover Client highly intoxicated and yelling at her boyfriend. When police attempt to calm her down and further investigate the matter, she punches and kicks the police officer.
Result:
Count One: DISMISSED
Count Two: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Alleged victim contacts Cumberland Police and reports that she has been struck in the face by Client. Police arrive at Client’s home and see fresh red marks on alleged victim’s face and Client admits to slapping victim in the face. Client is arrested by the police.
Result: DISMISSED
Criminal Charges: Simple Assault and Battery
Police Report: Client and friends observe Providence meter-maid placing a ticket on a friend’s car at 3:00am. Client removes ticket and allegedly throws it back at the meter-maid, and then slams her leg in her car door as she tries to exit her vehicle. Alleged victim calls her co-workers at the Providence Police Department and Client is arrested.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Client and 3 friends are sitting in Client’s motor vehicle in a CVS parking lot rolling and smoking marijuana “blunts”. Cumberland police observe this activity and upon approaching the driver’s side of the vehicle they see Client in possession of the marijuana. Client then admits the marijuana is his in order to keep his friends out of trouble.
Result: Count One: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Client is a passenger in boyfriend’s vehicle which is stopped for speeding. Client puts marijuana and smoking device in her purse and behind driver’s seat as South Kingstown police officer approaches the vehicle. After smelling the scent of freshly burnt marijuana, officer searches Client’s purse and discovers the marijuana and arrests Client.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Narragansett police detectives respond to Client’s home to further investigate an unrelated break-in at Client’s home earlier in the week. When Client opens the door the detectives see a baggie of marijuana and smoking device in plain view on Client’s coffee table. Client admits that the marijuana is his and he is arrested by the detectives.
Result: DISMISSED
Criminal Charges: Possession of Alcohol by a Minor
Police Report: Client walks into a liquor store and brings chosen alcoholic beverages to counter for purchase. Client presents fake Delaware ID card to undercover Smithfield police officer working at the liquor store. Client is arrested by the officer.
Result: DISMISSED
Criminal Charges: Disorderly Conduct
Police Report: Lincoln Police respond to a report of a disorderly patron at the Twin River valet. Police find Client yelling and screaming at the valet in front of numerous other guests. Valet was concerned that Client had too much to drink and would not bring out the car. Client then begins to yell and scream at Lincoln Police and is arrested for Disorderly Conduct.
Result: DISMISSED
Criminal Charges: Assault and Battery
Police Report: Client is charged with assaulting bartender at Providence restaurant when asked to leave due to intoxication. Providence Police respond to the scene and have to chase client for a few blocks and then tackle Client in lobby of his hotel in order to arrest him.
Result: DISMISSED
Criminal Charges: First Degree Sexual Assault (rape)
Police Report: Alleged victim tells Providence Police that she is out with Client and a large group of friends in Providence. After spending the night “clubbing”, Client and a friend accompany alleged victim to her home while her mother is home. Alleged victim claims that Client sexually assaulted her in her bedroom while his friend watched. Alleged victim goes to R.I. Hospital for a rape-kit test, gives a written statement against Client, and testifies in court at Client’s bail hearing.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Rhode Island State Police stop Client’s vehicle on 95 South for speeding after a radar reading of 85MPH in a 65MPH. Trooper approach the vehicle and immediately detect the odor of freshly burnt marijuana. Client is taken from the car and searched, and Trooper finds marijuana in Client’s right front pants pocket.
Result: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Client discovers through emails that spouse is having an affair with a co-worker. Client is alleged to have struck spouse in the face, thrown spouse on the bed and held spouse down. Spouse gives a full written statement to the Newport Police Department detailing the alleged assault, and police observe red marks on spouse’s face and neck.
Result: Count One: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: North Smithfield Police receive a report of passengers in a motor vehicle are shooting paint balls from the vehicle. Police stop Client’s vehicle because it matched the description of the car they were looking for. Police search Client’s vehicle and find 4 grams of marijuana in the center console. Client admits the marijuana is his.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Charlestown Police stop Client’s vehicle for speeding (80 MPH in a 55 MPH) and immediately detect a strong odor of marijuana coming from the vehicle. Police search Client and find 10 grams in Client’s right front pocket.
Result: DISMISSED
Criminal Charges: Possession of Marijuana
Police Report: Roger Williams University Police Police smell a strong odor of marijuana coming from Client’s dorm room. RWU police search the room and discover a water pipe, grinder and 10 individually wrapped bags of marijuana in Client’s drawer. Client admits the marijuana and paraphernalia belong to him.
Result: DISMISSED
Criminal Charges: Disorderly Conduct, Resisting Arrest
Police Report: Providence Police are breaking up a loud house party and Client refuses to leave the scene. After being ordered three (3) times to “move along”, Client refuses and makes a derogatory comment to the police. As police go to arrest Client, he resists having the handcuffs placed on him for approximately five (5) minutes.
Result: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Client is alleged to have struck her daughter in the mouth while they were driving together in a car. Burrillville Police observe redness to daughter’s face, and Client confesses to the police that she hit her daughter.
Result: Count One: DISMISSED
Criminal Charges: Domestic Assault and Battery
Police Report: Johnston Police respond to a report of a domestic assault and battery between Client and his wife. Wife gives a written statement indicating that Client had struck her numerous times, and police observe wife to have redness and bruising around her right eye.
Result: DISMISSED
Criminal Charges: Possession
with Intent to Deliver Cocaine; Possession of Cocaine between One
Ounce and One Kilogram
Police Report: The police respond to a report of
a domestic assault between my Client and her boyfriend. Upon arriving
at the home, police report that they observe Client entering her
motor vehicle in an attempt to leave the area. As police approach
the vehicle to investigate the report of domestic assault, police
observe a large bag containing a white powdery substance in plain
view in center console of the motor vehicle. The substance later
tested positive for cocaine, and weighed approximately three (3)
ounces.
Result: JURY VERDICT OF NOT GUILTY
Criminal Charges: First Degree Child Molestation
(2 counts)
Police Report: Client’s 17 year old step-daughter
alleges that Client has been inappropriately touching her since
she was a child. Step-daughter testified to two incidents of abuse
amounting to first-degree child molestation. Client maintained his
absolute innocence from day one, and Client was supported by the
step-daughter’s mother, grandmother and brother, who all testified.
Result: JURY VERDICT OF NOT GUILTY
Criminal Charges: Domestic Assault and Battery;
Violation of Suspended Sentence and Probation
Police Report: Mother of Client’s child and
Client get into verbal altercation in a rented motel room. Alleged
victim reports that Client slapped and choked after an argument
over money. Police respond to the motel, and observe red marks and
bruising on the alleged victim’s face and neck. An independent
witness renting the room adjacent to Client’s room reports
hearing a woman screaming “don’t hurt me” and
“get off of me”. Client was on a 10 year suspended sentence
and probation from a prior conviction.
Result: VIOLATION OF PROBATION WITHDRAWN; CHARGES DISMISSED
Criminal Charges: Harassing Phone Calls
/ Texts Messages Domestic
Police Report: Alleged victim, and former girlfriend of Client, reports to police that over the course of 2 days Client makes over 50 text messages threatening her, and the lives of her family. Alleged victim is able to show the police the actual text messages, and the police take photographs of the threatening text messages.
Result: DISMISSED
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