» Civil Violation

DWI First Offender

June 19th 2018
1st OFFENSE OUI - Liquor or .08%
Improper Stopping
Client, a young professional, drank more than he was used to drinking and made the mistake of driving. He was charged with driving under the influence and a civil violation of improper stopping. According to police, he tapped a car while under the influence and vomited on his car door. Because of hitting the car, vomit, admission to drinking, and inability to perform major acts of coordination, decision to plea the case. Attorney Barabino negotiated in person with District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in separate agreement for a not responsible finding on the civil charge. On day of plea, only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which latter sought. Judge ultimately agreed with Attorney Barabino, and client did not have to attend the additional program.
RESULT: 24D Disposition, CASE DISMISSED IN ONE YEAR, NOT RESPONSIBLE CIVIL INFRACTION, NO ADDITIONAL PROGRAM ORDERED.

First Offense OUI, DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.

August 14th 2017
1st OFFENSE OUI- Liquor or .08%
Client, a young professional, sought counsel for first time OUI offense: she was pulled over driving without lights, failed field sobriety test, and made incriminating statements. After discussing the option of a trial or a plea, she opted for plea, in part, to accelerate her hardship license application. Agreement was hashed out and a "not responsible" on her civil infraction was entered at the first court appearance, with probation for the OUI charge. Client agreed to a plea that would place her on probation for one year—with the agreement that charge will be dismissed off her record after one year.
RESULT: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.