April 15, 2022
First Offense OUI
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Client was a very pleasant, particularly patient, young payroll professional charged with a first offense OUI, Negligent Operation, and a Marked Lanes Violation. The case began like most cases do. Client was arrested and brought to court the next day. Since this was her first offense, she was released at the arraignment with an order not to drive. According to police, a motor vehicle accident occurred. Client was driving, someone hit her, and the other driver took off. Client crashed into a snow bank as a result. There was body camera footage from a police officer who responded. A body camera is a video recording attached to the body of a police officer. This type of footage is very useful because it demonstrates exactly what is happening at the scene. The footage revealed that client had likely had too much to drink before she took to the road. Additionally, there was also a breath test with results over the limit, Attorney Barabino and client consulted and decided to negotiate a plea. Thanks to these negotiations the Marked Lanes Violation was disposed “not responsible”—saving client a surcharge. Attorney Barabino also secured for client a dismissal on the negligent operation charge and a 24D disposition on the OUI. This is the lowest allowed by law. It is a CWOF with a 45-day loss of license which means if client completes her program the OUI will be dismissed. An agreement to also complete a Brains at Risk 1/2 day program as well.
RESULT: Negligent Operation DISMISSED; Civil Infraction Not Responsible; OUI Dismissed after Completion of 24D Program and 1 year Probation.
