January 3, 2025
OUI 2^nd Offense
Negligent Operation of a MV
Expired Registration
Client was all around super pleasant hardworking father who was charged with a 2^nd offense operating under the influence of alcohol, negligent operation of a motor vehicle and expired registration. According to police, client was driving on the highway when a concerned motorist reported client as likely intoxicated. Police investigated and found client parked at a gas station with the vehicle running and a missing tire. Client admitted to police that he was intoxicated and unable to responsibility drive. Client agreed to the breathalyzer and was double the legal limit. Client also had a prior offense from over ten years ago. After a full review with client, we decided to seek a tender of plea. The district attorney sought a guilty conviction with a suspended jail sentence, two-year loss of license. On a plea, the judge declined to the Governments recommendation and agreed with Attorney Barabino that the case should be charged as a first offender, not a second offender, and also given a continuation without a finding (CWOF) and not a guilty which means the charge will be dismissed after a year of probation and 1^st Offender program, not the 2-week impatient program requested by the government. The Commonwealth also agreed to dismiss the remaining charges.
RESULT: 2^nd Offense OUI, reduced to 1^st Offense, Negligent Operation and Failure to Registration DISMISSED.