OUI Dismissed No Lifetime CDL Ban

November 8th 2019
Negligent Operation of a Motor Vehicle
Operating under the Influence of Alcohol (OUI)
Marked Lanes Violation
Speeding
Failure to wear a Seat Belt
Client was a hard-working CDL Driver and young single father. He was charged with OUI, negligent operation of a motor vehicle and related civil infractions. If client admitted to sufficient facts, or was found guilty of the charge of OUI, he would have a lifetime ban of his CDL license. Mandatory Lifetime Ban. No CDL Driver’s License, no career. No career, no money. Client was patient and content to with what would very possibly be his fate given the facts of the case. Attorney Barabino filed a number of motions seeking evidence and that consumed several court dates. Eventually, it was time to file a motion to suppress evidence challenging the constitutionality of the stop. After more than one court date to hear this motion the court ruled that there would be no further continuances. When the date came to challenge the evidence, the trooper was unavailable and Attorney Barabino motion for the entire case to be Dismissed.
RESULT: Motion to Suppress Evidence, ALLOWED, Case DISMISSED.