May 13, 2026
Negligent Operation of a Motor Vehicle
Client was a young woman who was pulled over while driving. According to police she was driving at an excessive speed and passed over the yellow line to get around a slow operating vehicle. What the police allege was accurate in their description. Whether a someone’s driving is negligent is discretionary since the law is somewhat vague as to what constitutes negligent operation. Nonetheless, her operation was sufficient under the law for the criminal offense. The first thing Attorney Barabino had the client do was to provide the citation which she was given to the magistrate within the mandatory 4-day window. She quickly complied and she prepared with attorney Barabino for what would be the eventual magistrate hearing. In preparing for the hearing, she also attended a remedial driving course. At the hearing the magistrate and officer somewhat reluctantly decided that yes, they will not move the case for arraignment, which will ensure that her record remains fully clean and unblemished.
RESULT: Probable Cause, But does Not Issue. No Charge Issues. No Criminal Record.