» Civil Violation

DWI First Offender

June 19, 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, he made the decision to plead the case. Attorney Barabino negotiated in person with the District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in a separate agreement for a not responsible finding on the civil charge. On the day of the plea, the only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which the 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 14, 2017
1st OFFENSE OUI- Liquor or .08%
Client, a young professional, sought counsel for a first-time OUI offense: she was pulled over driving without lights, failed the field sobriety tests, and made incriminating statements. After discussing the option of a trial or a plea, she opted for a 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 the charge will be dismissed from her record after one year.
Result: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.