2nd Offense OUI converts to a 1st offense.

January 13th 2022
Operating under the Influence 2nd Offense
Negligent Operation of a Motor Vehicle
Client was a very pleasant master electrician. While out late he was having some Chinese food and a few drinks. He was stopped in his truck and appeared to be sleeping in the roadway when he was apparently startled and drove his truck a short distance into a tree. Upon police arrival he made unhelpful statements to police such being a place inconsistent from where he thought he was and also telling police that he was drinking isopropyl alcohol (handwashing cleaner) of which there was a large bottle nearly empty in his vehicle. Also, he had had one prior OUI dismissed and another OUI not guilty, however those are not considered in any negotiation; it did not promote the District Attorney enthusiasm for the defense recommendation. The District Attorney wanted a 2nd offense two-week inpatient program and two years probation and a twice daily alcohol monitoring machine and other conditions. Attorney Barabino sought a first offense disposition with no jail time and no impatient program and also no electronic monitoring. The Judge reviewed an extended disposition memorandum and several affidavits of support we submitted and in the end, sided with Attorney Barabino, on nearly everything, to include 1st offender disposition not 2nd, No Inpatient Program, One year probation not two and no alcohol monitoring machine.
RESULT: 2nd Offense OUI converts to a 1st offense.