June 15th 2021
Operating under the Influence of Alcohol 1st Offense
Client was all around pleasant guy who was charged with OUI/DWI. Attorney Barabino was contacted after the Defendant had been arrested and brought to the local courthouse. According to the police report, client was in his motor vehicle having struck a large rock. They said his speech was slurred, his eyes bloodshot. He apparently handed the officer his facemask instead of his license. There was a cumulation of facts which developed into probable cause for arrest and that could ultimately present a challenging, but triable case for a judge or a jury beyond a reasonable doubt. However, this case was different. In this case, the client qualified for the BRAVE ACT. The Brave act allows veterans experiencing the effects of conflict resulting in criminal offenses to enter treatment in exchange for the matter being dismissed. It is a win-win for public and for the client. He entered treatment with the Veterans Administration and continued with that treatment. Today, in court, the Attorney Barabino moved to Dismiss the Charge and that motion was, ALLOWED. Case Dismissed. July 14th 2021 UPDATE: Motion to Expunge the clients record was, ALLOWED after a hearing.
RESULT: BRAVE ACT Ensures DISMISSAL of the CHARGE.
