» DWI

Result: Neither charge resulted in a conviction.

August 12, 2026
Operating Under the Influence of Alcohol
Threat to Commit a Crime
The client was a pleasant gentleman charged with threats against police officers and Operating under the influence of alcohol. Good-natured bystanders observed him driving erratically——and called the police. When officers arrived, they found the client in his vehicle with the engine running at the driveway at his home. Clear signs of intoxication were apparent, and the observations of the civilian witnesses were credible. Police then spoke with the client’s girlfriend, who, in good faith, answered their questions. She confirmed that the couple had been drinking, that the client had insisted on driving, and that he had in fact been operating the vehicle. These facts were sufficient to support a charge of operating under the influence of alcohol. At the police station the client was video- and audio-recorded. He became belligerent, aggressive, and threatening towards officers, making a variety of threatening statements. As a result, he was also charged with threats. The clerk-magistrate set bail at $25,000 based on the facts and circumstances of the case. Defense strategy from the outset the primary goal was to sever the threats charge from the OUI charge among other. Because guilt on the threat’s allegation was clear, a full trial on that count was not advisable. Counsel therefore pursued a partial plea: resolve the threats charge in a manner that would allow a continuation without a finding (CWOF), so the charge would ultimately be dismissed. The strategy succeeded. The threats charge was continued without a finding and will be dismissed after six months. On the OUI charge, a motion to suppress the client’s statements was litigated. When all civilian and police witnesses appeared for the hearing, counsel elected to tender a plea and request a continuation without a finding to protect the client’s record. Although the case was not tried to a jury, every viable avenue was explored and pursued.
Result: Neither charge resulted in a conviction.

First OFFENSE OUI

May 20th 2019
FIRST OFFENSE OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Registration Suspended, Operation
Uninsured Motor Vehicle
Client was a pleasant graduate student at a local college. Although studying locally she was not from the area and sought to move away from Massachusetts in the fairly near future. As a result, she was eager to bring this case to a predictable resolution. According to police, the client tapped a car and then went into a liquor store and purchased nips. The customer service at the liquor store stated she was already intoxicated when she arrived at the store. When police arrived she was consuming the nips she had just bought. The police stated she failed the field sobriety test and also admitted to drinking since early morning. She also blew the Breathalyzer machine, which although not admissible evidence came in at three times the legal limit. In the end, Attorney Barabino's client wanted a deal and no trial and he negotiated all the charges dismissed with the exception of the OUI charge, which if she completes probation is dismissed. She was also granted a travel permit to go as she pleases to out of state obligations.
Result: ALL CHARGES DISMISSED, with Exception of OUI Charge, which will be DISMISSED, If client completes the standard OUI program. No other conditions of probation and can maintain travel permit to travel as desired.

Operating Under the Influence, NOT GUILTY

April 3rd 2019
OUI- Liquor or .08%
Refusal to Obey a Police Officer
According to police, client was causing a disturbance at a tow-yard. They arrived and began asking him some questions as he sat in his stationary, but, running vehicle. They smelled the strong odor of alcohol coming from his breath. Client was inattentive and non-responsive to the officer's demands and questions. When the defendant stood, he swayed slightly. The police placed the Defendant under arrest for operating under the influence of alcohol and refusing to identify himself. At the booking procedure he passively resisted almost all commands and at one point had to be carried to the jail cell. In the end, he was charged with OUI and refusing to identify himself. He was acquitted after a trial of OUI and ordered to pay one hundred dollars for refusing to identify himself.
Result: Operating Under the Influence, NOT GUILTY. Fine of $100.00 for the Refusing to Identify.

2nd OFFENSE OUI = 1st OFFENSE

November 9th 2018
SECOND OFFENSE OUI- Liquor or .08%
Speeding
Client was a hard-working, newly married construction professional who was charged with a 2nd Offense OUI. According to Police, he was speeding and pulled over. The police drafted a report with all the normal indicators of intoxication. Also, client agreed to a breath test which was twice the legal limit. The client wanted a deal and wanted to move on with his life which included a hardship license to drive. At a plea hearing, the Commonwealth asked the judge to impose a guilty conviction with a suspended jail sentence and have him attend a government two-week inpatient program. Attorney Barabino argued for an alternative disposition where client would be 1) placed on probation with an expectation that the case be dismissed after a year with normal conditions and cost of a 1st Offense OUI charge, a 45-day loss of license not one year, and NO inpatient program. The judge agreed with Attorney Barabino.
Result: 2nd OFFENSE OUI, 1st OFFENSE RESULT, Speeding Ticket, NOT RESPONSIBLE.

SECOND OFFENSE DWI provided 1st OFFENSE DISPOSITION

October 25th 2018
SECOND OFFENSE OUI- Liquor or .08%
Open Container
Marked Lanes Violation
Client, was a world-class martial artist, dad and otherwise responsible citizen. According to the police, the client was driving erratically when a citizen called the police to investigate. When police arrived, they found client was operating his vehicle and in possession of an open bottle of brandy. The client agreed to a breathalyzer test and blew a .26 which is three times the legal limit. The Commonwealth sought a six-month suspended sentence and two-year loss of license. In addition, they requested a two-week inpatient program. Attorney Barabino sought a first offense which the law allows, if the prior offense was more than ten years as was the case. Attorney Barabino provided a memorandum to the court outlining the client's unique and distinctive career path. In the end, the court agreed with Attorney Barabino for a 1st offense disposition. So, he received a guilty conviction, but as a first offender. The result will be he will be allowed to request a hardship license before the registry at a sooner date and support his family while maintaining safety and sobriety for him and the community in general. Also, client does not have to attend the two-week inpatient program.
Result: 2nd OFFENSE provided 1st OFFENSE DISPOSITION.

8 of 9 Charges Dismissed

October 24th 2018
FIRST OFFENSE OUI- Liquor or .08%
Disorderly Conduct
Resisting Arrest
Open Container
Negligent Operation of Motor Vehicle
Registration Suspended, Operation
Uninsured Motor Vehicle Chapter
Possession of Class B Drugs
Speeding
Malicious Destruction of Property
Client, a hard-working mother was charged with many criminal and civil offenses. According to State Police report, client was driving over 100 miles an hour on the highway. She was stopped, she became belligerent and taken to the ground by the officer. The officer arrested her due to her intoxication. He inventoried the vehicle after her arrest and located amphetamines pills that she did not have a prescription and he also located a bottle of alcohol. Once at the station, the client flooded the jail cell. This was a case resolved with every charge dismissed, and client being placed on probation for the OUI, enter the standard program, a drug evaluation and aftercare if necessary, an apology letter to the officer and a Brains at Risk half-day program.
Result: ALL CHARGES DISMISSED, with Exception of OUI Charge

Second Offense OUI, DISMISSED

January 30th 2018
2nd OFFENSE OUI- Liquor or .08%
Leave Scene of Property Damage
Disorderly Conduct
Resisting Arrest
License Suspended, For OUI, Operating with Chapter 90 Section 23
Client, a young woman who was on probation for operating under the influence, was charged a second time for the offense. She had a list of additional charges that followed after her arrest. The case involved several eyewitnesses and statements. A comprehensive interview followed from the defense and eventually trial was scheduled. On the day of trial, Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”.
Result: ALL CHARGES DISMISSED AT DAY OF TRIAL

First Offense OUI, DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM

August 16th 2017
1st OFFENSE OUI- Liquor or .08%
Client, a young college graduate, was driving and struck a parked car. He was eventually apprehended and charged with a first offense OUI. The defense made several challenges to admission of evidence of the Commonwealth via motion to suppress. Although the court denied the motion, the court authored a well written and detailed 9-page decision for their rationale and basis. The client agreed to a plea that would place him on probation for one year, with the agreement that the charge would be dismissed from his record at the end of that calendar year.
Result: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM.

NO JAIL TIME ON SECOND OFFENSE OUI/DWI

July 7th 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
A hardworking mother was on probation for operating under the influence when she was charged again for the same offense. Probation violation triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with the Commonwealth that she add the SCRAM alcohol monitor to her probation for the first case. The second case (new offense) was placed on a disposition date (today), on which an agreement was made where the client would receive no jail time on the OUI charge and would agree instead to attend a two-week inpatient program, the negligent operation charge dismissed, the highway wrong-way charge "not responsible", and open container of alcohol not responsible.
Result: NO JAIL TIME ON SECOND OFFENSE OUI, NEGLIGENT OPERATION DISMISSED, HIGHWAY VIOLATION AND OPEN CONTAINER VIOLATION NOT RESPONSIBLE.

1st Offense OUI, NO CRIMINAL CONVICTION, Civil Infraction, NOT RESPONSIBLE

May 5th 2017
1st OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Client was a successful biotech executive. After leaving work late one night, he got into a one-car accident involving fire department property. At a plea hearing, the District Attorney sought that the accused be found guilty of an OUI offense, based on the severity of the crash. Attorney Barabino argued for a different outcome, which would preserve his criminal record and eventually have the case be dismissed. At the conclusion of the hearing, the court sided with Attorney Barabino and client began the process for obtaining his hardship license and moving on from his mistake. Attorney Barabino will continue to monitor any restitution owed for the damaged city property. Court issued client not responsible for civil infraction of Marked Lanes violation.
Result: 1st Offense OUI, NO CRIMINAL CONVICTION, Civil Infraction, NOT RESPONSIBLE

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