March 29th 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
According to police, client had rammed into a vehicle and left the scene of the accident. Police responded to the scene and immediately noticed, while on patrol, that the client's vehicle had damage similar that that which would be described. When police pulled the vehicle over they noticed paint matched the vehicle that was hit. They also noticed paint on the other vehicle and noticed that it matched as well. The police spoke to client and stated that his speech was slurred; he had to hold on to the side of the truck for balance; his eyes were bloodshot and glassy; his breath smelt like booze; and he was unsteady on his feet. Moreover, the client had Budweiser cans opened and unopened, strewn throughout the vehicle. Client simply wanted to gain his license back, but the District Attorney of Essex County sought jail time instead. The Commonwealth presented five separate witnesses. At sentencing, the DA requested this hard working single father be sent to prison for two years suspended and serve a full year committed in jail. In the end, the judge agreed with Attorney Barabino and denied the Commonwealth request. Judge simply placed the Defendant on probation with a brief 14 day-impatient program. All the civil violation were found not responsible and the verdict on the Leaving the Scene was a clear and resounding "not guilty".
RESULT: Leaving the Scene of Property Damage, NOT GUILTY AFTER TRIAL, All Civil Violations found NOT RESPONSIBLE. NO JAIL FOR OUI CHARGE
