Court Treats Second Offense OUI as First, Dismissed After One Year

July 17, 2020
Second Offense OUI
Client was a hardworking business professional charged with second offense OUI. According to police, he was heavily intoxicated, showing all the signs and symptoms of someone who had been drinking heavily and excessively. Client consulted with Attorney Barabino over options of going to trial or entering into a plea agreement. Attorney Barabino then wrote a detailed disposition memorandum with exhibits, including background history, and presented it to assistant district attorney for review. Attorney Barabino was able to negotiate a Cahill Disposition, which means that the court would treat client’s offense as a first instead of a second. He was even able to get a Continuation Without a Finding (CWOF), allowing client’s second offense charge to be dismissed as long as he complies with one-year term of probation.
RESULT: Court Treats Second Offense OUI as First, Dismissed After One Year