» Failure to Stop

DISMISSED, Pre-Arraignment

October 11th 2019
Failure to Stop for Police
A hard-working IT professional was charged with failing to stop for police. The process to resolving the case was lengthy—but the result was right. After a clerk-magistrate hearing was properly filed, a hearing date was set down. Prior to the hearing, all the investigation and preparation were done to include viewing the scene and taking photographs. When the date arrived, the police needed a continuance for personal reasons. A new date was set but the court placed the date down for an arraignment in error, since it should have simply been a new magistrate hearing. Attorney Barabino filed a motion to dismiss to ensure that a magistrate hearing was now scheduled. However, after a brief consultation with the District Attorney an agreement was made to simply dismissed the case, prior to arraignment. The key here is prior to arraignment. Since the charge was dismissed, PRIOR to arraignment it will never appear on his record.
RESULT: The Charge, DISMISSED, Pre-Arraignment.

OUI-drugs, Second Offense, NOT GUILTY, Failure to Stop for Police, NOT GUILTY

June 2nd 2017
OUI –Drugs Serious Bodily Injury 2nd Offense
Failure to Stop for Police
Negligent Operation of Motor Vehicle
Client, a retired teacher, was reported to police to be having some type of medical emergency and acting irrationally. Client drove off, driving erratically on opposite lanes of travel and reaching speeds of over ninety miles an hour. With police in hot pursuit, client hit a telephone poll, split it in half, while the car flipped over and burst into flames. Fortunately, police were at the scene to extinguish the flames, and rescue client. She was charged for OUI-drugs, failure to stop for police, and negligent operation of a motor vehicle. Attorney Barabino entered a plea on negligent operation, for which a disposition would take place in the future. The two other charges went to trial. A verdict of not guilty was returned on both the OUI-drugs second offense and failure to stop for police. There were challenges in the Commonwealths case and in the end, client was grateful for the efforts of all involved, including the police, who charged him. Another charge of serious bodily injury was reduced at a clerk magistrate hearing prior to arraignment.
RESULT: OUI-drugs, second offense, NOT GUILTY, failure to stop for police, NOT GUILTY.

90 Day Probation

December 10th 2015
Negligent Operation of Motor Vehicle Chapter
Unlicensed Operation of a Motor Vehicle
Use Motor Vehicle Without Authority
Fail to Stop for Police
Super pleasant young man with great potential made a moment of bad judgment. According to police, in the early morning hours they noticed a vehicle made a civil infraction. They sought to pull the vehicle over but the driver refused. They followed the vehicle briefly. The vehicle was being driven negligently and after a brief pursuit came to a stop. Prior to arraignment, every effort was made to develop and demonstrate to the District Attorney the impressive background of the young man. In the end, an agreement was struck where he would not admit wrongdoing and the case would be dismissed in 90 days. This pre-trial probation term allows him to retain the presumption of innocence and a full dismissal of the charges.
RESULT: Case to be DISMISSED after 90 Days with NO ADMISSION OF WRONGDOING.