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October 27th 2008
Ipswich District Court
OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Breakdown Lane Violation Chapter 89 Section 4B
Marked Lanes Violation Chapter 89 Section 4(a)
Client, was reportedly driving erratically and when police arrived and observed the same. Upon an investigatory stop the police observed a nearly empty Vodka bottle and an apologetic client. According to the Police officer, client was unable to comprehend the instructions he had been given. During the stop the officer made observations that included red glassy eyes, slurred speech and the pungent smell of alcohol. Additionally the officer indicated that the client made several admissions to driving under the influence. With the following facts before the court Attorney Barabino and client sought to make an admission so that he could be allowed to regain his right to drive and put this matter in the past. Attorney Barabino was able to negotiate a Not Responsible on one of the two civil infractions and the optimal disposition allowed by law on the OUI-short of a not guilty.
RESULT: One of two counts NOT Responsible FINDING & OUI Liquor Probation for twelve months with minimum fines and fees allowed by law and upon completion of probation case will be DISMISSED if completes Probation.
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