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State Police Arrest Subject for Driving While Under the Influence of Alcohol with an Eight Year Old Child in the Vehicle

Colonel Steven G. O'Donnell, Superintendent, of the Rhode Island State Police and Commissioner of Public Safety, announces that on July 19, 2013, members of the State Police assigned to DWI patrol conducted a motor vehicle stop on Route 4 north in the town of North Kingstown. This stop was the result of a caller reporting a possible intoxicated driver operating in an erratic manner. Troopers located the vehicle which was observed traveling in the breakdown lane and then swerving into the first lane of travel. At this time Troopers stopped the vehicle with the assistance of a South Kingstown police officer.

The operator was identified as Marvin N. Gutierrez, age 47 of 130 Chestnut St., Apt. #2, Central Falls, RI, 02863. While interacting with Mr. Gutierrez, Troopers observed various indicators consistent with intoxication. Also traveling in the vehicle was an eight year old male child seated in the front passenger seat.

Mr. Gutierrez submitted to a series of Standardized Field Sobriety Tests at the scene which he failed. Mr. Gutierrez was placed under arrest and transported to the Wickford Barracks. Mr. Gutierrez submitted to a Breath Test indicating a Blood Alcohol Content of 0.194% and 0.191%.

Mr. Gutierrez was charged with Driving Under the Influence of Liquor and /or Drugs with a blood alcohol content greater than 0.15%. Mr. Gutierrez was also charged with Traveling in the breakdown lane and Laned Roadway violation. Mr. Gutierrez was held overnight pending a morning arraignment before a Justice of the Peace and released on personal recognizance. Mr. Gutierrez was ordered to appear in Third District Court on July 29, 2013. The eight year old male was identified as Mr. Gutierrez's grandson and was released to a family member.

Colonel Steven G. O'Donnell stated, "I praise the Troopers who made this arrest and potentially saved the lives of an innocent child. Members of the Rhode Island State Police will remain vigilant in removing impaired motorists who continue to endanger the motoring public."

Motorists are reminded that they can immediately report dangerous drivers or hazardous roadway conditions to the police by dialing 911 or *77 on your cell phone. ###

Contact: Sergeant James M. Pardington, Jr Non-Commissioned Officer in Charge Wickford Barracks Rhode Island State Police (401) 444-1064

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Department or agency: Rhode Island State Police


Release date: 07-20-2013

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