» CWOF

November 8th 2018
FIRST OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Mobile Phone, Operator Use Improperly
Client, a young Ph.D. Biotech manager was charged with OUI first offense. According to Police, she was seen driving erratically late at night. The police arrested her after they believed she failed the sobriety test and other indicators of intoxication. Not interested in prolonged, possibly unpredictable and more costly litigation she chooses enter a plea before the court. Attorney Barabino, moved the case so that she could close out the case sooner that it had been originally planned. Once at court, the understanding and reasonable district attorneys reviewed her background and engaged in a discussion, agreeing to a continued without-a-finding for 12 months and 45-day loss of license. They also agreed to find her Not Responsible for the Mobile Phone use ticket. Once in front of the judge, Attorney Barabino argued for the above disposition AND for her to be found NOT RESPONSIBLE on the marked lanes violation, to which the judge agreed too.
RESULT: 1st OFFENDERS Disposition, NOT RESPONSIBLE Both Civil Infractions.

October 29th 2018
FIRST OFFENSE OUI- Liquor or .08%
Open Container
Speeding
Marked Lanes Violation
Client, a young hard working-working professional was charged with Operating under the influence of Alcohol. In addition to the criminal charge she was given three separate "civil" citation(s) which included possessing an open container, speeding and marked lanes violation. According to Police in the early morning hours, client was speeding and weaving. She was found with a glass of beer, red bloodshot eyes and the smell of alcohol on her breath among other indicators of intoxication. Despite what appeared to be a strong case for the Government, she did have a strong defense. Despite the existence of this defense, client understandly, simply wanted to get the case wrapped up quickly, with the least cost and effort possible. As a result, Attorney Barabino was able to negotiate with the District Attorney a 1st offense disposition whereas, the charge will be dismissed after a one-year period. This is a fairly predictable result when the client has an otherwise clean record, no accident at the scene and no additional circumstances such as very high breath test result or disrespectful conduct to the officer. In addition to the 1st offense plea there was an agreement to dismiss all the "civil" infractions which is particularly important to avert an extended license suspension for the multiple surcharges which can result from civil infractions.
RESULT: 1st OFFENSE, 90/24D Disposition, Civil Infractions found NOT RESPONSIBLE.

June 28th 2018
Probation Violation/Surrender
Client had previously admitted to a Continuation Without a Finding (CWOF) and was placed on probation for a year. After performing his obligations as agreed, Attorney Barabino filed a motion to terminate his probation, earlier than scheduled. At the day of his hearing, judge endorsed the request and he was discharged early from probation. Case dismissed.
RESULT: Motion to Terminate Probation Early, ALLOWED.

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.

February 21^st 2018
Disorderly Conduct
Assault on a Household Member
Client was hard working cement contractor who was arrested for giving his son a bloody lip (at the police station). Client’s son was arrested for operating under the influence of drugs and client went to police station to bail him out. When son got aggressive with father in the police station parking lot, father popped him giving him a bloody lip. Father was arrested and charged with assault and battery and disorderly conduct. Eventually, a trial was scheduled and set and moments before the trial was about to begin deal was struck which the defendant would receive a general continuance for six months on the assault and battery charge. The disorderly conduct charge was continued without a finding for three-month’s time.
RESULT: Assault and Battery charge GENERALLY CONTINUED FOR SIX MONTHS, disorderly conduct charge CONTINUED WITHOUT A FINDING FOR THREE MONTHS

November 29^th 2016
2nd OFFENSE OUI- Liquor or .08%
Open Container
Client was a federal employee who was charged with a Second Offense OUI. He was alleged to have driven over some lawns and subsequently have failed a sobriety test. He also had an open bottle of vodka. His breath test was almost four times the legal limit. Client entered detox, voluntarily, prior to entering plea before the court. At the client's court hearing the Commonwealth asked for a jail sentence with a mandatory two-week impatient program. They also sought a two-year loss of license. After a plea hearing, the judge sided with Attorney Barabino and granted the client a first offense plea, despite being his second offense.
RESULT: First Offense OUI, CONTINUED WITHOUT A FINDING (CWOF), Plea for Second Offense OUI, OPEN CONTAINER NOT-RESPONSIBLE.

June 28^th 2016
Assault and Battery on a Police Officer
Resisting Arrest
Disturbing the Peace
Client was a hard working waitress who was in a car accident. Police responded to accident. There was a dispute as to what happened next—however the defendant ends up being charged with assault and battery on a police officer, resisting arrest, and disturbing the peace. When police arrived, she was not comfortable with the officers that arrived so she called the police on the police. At that moment, police entered into a struggle with the defendant. The struggle ended up with defendant on the ground and the her being charged with assault on a police officer. Also, the client had two previous charges and admissions to assaulting and battering a police officer in the past. This case went to trial. The experienced district attorney saw that Attorney Barabino was ready and a trial was unavoidable. It was either dismiss the case or a trial. Defense would accept nothing less. Within moments before starting the trial, the district attorney agreed to simply dismiss the charge of assault and battery if client would take a six-month probationary period on the remaining two charges. The probation for the remaining two charges was a “CWOF”, which means continued without a finding, so that at the conclusion of the probationary period the two remaining charges would be dismissed. No Criminal Record and Assault and Battery on the officer.
RESULT: Assault and Battery on a Police Officer, DISMISSED. REMAINING CHARGES DISMISSED UPON CONDITIONS OF SIX MONTHS UNSUPERVISED PROBATION.

June 8^th 2016
Negligent Operation of Motor Vehicle
A retired teacher was accused of negligently operating a motor vehicle. There were four separate witnesses, including a police officer that witnessed the motor vehicle crash. The witnesses were not helpful to the defendant. A plea was made before the judge asking for ninety-days probation. The District Attorney sought slightly more probation time. In the end, the judge sided with Attorney Barabino and allowed the defendant’s case to be dismissed, as long as she stays out of trouble, for a ninety-day period—otherwise called a continued without a finding or (CWOF).
RESULT: Case to be DISMISSED AFTER 90 DAYS, with NO CONVICTION ON RECORD. Enroll in two safety driver courses.