August 19th 2026
Negligent Operation of a Motor Vehicle
Clerk-Magistrate Hearing
The client was notified that police were investigating what could be termed a road rage incident. He contacted Attorney Barabino right away and made no statement to the police. A citation for negligent operation of a motor vehicle arrived in the mail. On Attorney Barabino’s instruction, the client went to court within four days and requested a clerk-magistrate hearing. The Commonwealth’s allegations were that the client had driven aggressively and inappropriately and had done so on a consistent basis in an encounter with another driver. In the meantime, Attorney Barabino prepared a memorandum in support of the client, with affidavits of support. The client also completed the Brains at Risk online program. Attorney Barabino, the client, and the client’s wife appeared at the clerk-magistrate hearing. After reviewing the materials, the clerk determined that, given all the circumstances, the matter did not need to go forward. No complaint issued.
Result: Clerk-Magistrate Hearing, NO COMPLAINT ISSUED. Client Not Formally Charged.