March 17, 2025
Operating under the Influence of Alcohol 2^nd Offense
Client hard working professional and most importantly a devoted father. Client had a limited prior criminal history with essentially one prior charge of operating under the influence many years ago, more than ten years---which is an important factor in a 2^nd offense OUI in Massachusetts. On this occasion client had been at a hockey rink, drank a few too many drinks and then decided to drive. Recognizing he was too intoxicated he pulled over at a gas station and was eventually approached by state police. State police determined that intoxication was present by a variety of test and observations. He was arrested and charged with 2^nd Offense OUI. After consultation and interview client and attorney Barabino determined the best route forward was a plea deal with the hope and expectation that he could obtain a first offense disposition for this 2^nd offense charge. Since, in Massachusetts, you can ask the court for a 1^stoffense disposition on a 2^nd offense, only if, the first offense was more than 10 years ago. In this case, he qualified. At the plea the District Attorney still requested the court sentence client to a guilty conviction, 6-months in jail, 2-year loss of license and a two-week impatient program. The judge after listening to all the facts and circumstances agreed with Attorney Barabino and provided a 1^st offense disposition and permission for the matter to be dismissed is completes probation successfully.
RESULT: 2^nd Offense OUI, reduced to 1^st Offense OUI.