July 15, 2025
OUI Second Offense;
Negligent Operation of a Motor Vehicle
Client, a retired physician, was charged with her second offense for operating under the influence of alcohol. A concerned bystander noticed her vehicle swerving on the road and called police. Shortly thereafter, officers located Client and conducted a roadside stop. During the stop, they observed signs of intoxication, including slurred speech, red eyes, and an unsteady balance. An alcoholic beverage was also found in her center console. Client agreed to take a breathalyzer test. The result showed a blood alcohol level nearly three times the legal limit. The test was deemed admissible. Based on standard policy for second offenses within ten years, the District Attorney requested a 90-day jail sentence. Attorney Barabino zealously argued on Client’s behalf, citing her long professional career, the time that had passed since her first offense, and her strong commitment to recovery. The judge agreed. Instead of jail time, Client was placed on probation, allowing her to continue treatment and remain in the community.
RESULT: No Committed Time; Despite Government Request for Committed Jail Time. Negligent Operation Dismissed.