» Breathalyzer

Second Offense OUI, Negligent Operation of Motor Vehicle, Two Counts of Leaving the Scene of Personal Injury, License Suspended, ALL CHARGES NOT GUILTY

January 29, 2013
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Leaving the Scene of Personal Injury Chapter 90 Section 24
License Suspended, Operating Motor Vehicle with c90 §23
According to police, client was highly intoxicated, and the evidence of the intoxication was clear. According to eyewitnesses, client drove into two other vehicles and then ran off. Moments later, an eyewitness confirmed to police that the defendant was the operator of the motor vehicle. Once police confirmed that information, they questioned the client, who admitted that she was intoxicated and that she was the driver of the motor vehicle. Client failed the field sobriety test and once at the station agreed to take a Breathalyzer test, which concluded that she was twice (.16) the legal limit. After several witnesses testified, the jury at trial deliberated and returned a verdict of not guilty on all counts.
Result: ALL CHARGES NOT GUILTY AFTER TRIAL

Second Offense OUI, Child Endangerment, DISMISSED, MOTION TO DISMISS ALLOWED, NO JAIL TIME ON SECOND OFFENSE

February 17, 2012
2nd OFFENSE OUI- Liquor or .08%
Child Endangerment with Operating Under the Influence
Client was an employee with the Department of Defense. He was charged with Reckless Endangerment of a Child and Operating Under the Influence of Alcohol Second Offense. According to the police, the client's ex-wife received a call from the client that he was intoxicated and driving around with her child. She became frantic and searched for the client. When she located him, she argued with him about driving the motor vehicle in the condition he was in and he refused to give her the keys. She left (with her son) and called police since the client had insisted on driving. She cooperated with police and police found him a few hundred yards down the road. They stated that he failed the sobriety test and failed the Breathalyzer with a reading of .31%. .31% is nearly four times the legal limit. Prior to trial, Attorney Barabino made vigorous attempts to have the case thrown out in its entirety but was not successful. As the case moved forward, he sent the case down for Motion to Dismiss hearing regarding the Reckless Endangerment charge (which carried mandatory jail time), and that motion was allowed. At the day of trial, every witness appeared, leaving the client with the pre-trial option of a plea, which he eagerly sought. When the deal was argued before the judge, the Commonwealth asked the judge to force the client to attend parenting classes and install a Soberlink machine in his home. Attorney Barabino argued against it and was successful. The judge agreed with Attorney Barabino and the client left court with what he wanted—no jail time.
Result: Reckless Endangerment of a Child, DISMISSED, Motion to Dismiss, ALLOWED, NO JAIL TIME ON SECOND OFFENSE.