Nearly Triple Legal Limit

April 1, 2022
First Offense OUI
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Police ultimately met with client who was respectful, but had an overwhelming odor of alcohol. Client had slurred speech and glassy, bloodshot eyes. She told police that she had two glasses of wine prior to the stop but this proved to be modest. She had much more. Police then conducted Field Sobriety Tests. Client did not pass them. Then client took a Breath Test. She blew .219 and .207, about two and a half times the legal limit. After the event Attorney Barabino met with client without delay. He quickly and concerns and sprung right into preparing for arraignment. After client was arraigned, Attorney Barabino asked for and received a timely pretrial date. He began plea negotiations, right away with Attorney Barabino and his assistant began drafting a lengthy background memorandum on client’s outstanding character. This memo was put to use when negotiations with the respectable District Attorney’s office began and helped secure agreement to dismiss the negligent operation charge and findings of not responsible on the civil infraction. Thanks to Attorney Barabino’s negotiation skills he secured for client the most lenient sentence allowed by law for the OUI charge: a Continuance Without a Finding (QWOF) whereby the OUI would be dismissed after one year. Client also agreed to participate in a half day Brains at Risk Program, which was fair and reasonable under the circumstances. All-in-all, client’s high expectations were met and case was closed.
RESULT: Negligent Operation Dismissed; civil infraction Dismissed; most lenient sentence under law for OUI charge.