» Field Sobriety Test

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.

Second Offense OUI, NON-JAIL ALTERNATIVE DISPOSITION, OPEN CONTAINER NOT RESPONSIBLE. 

January 13th 2016
Second Offense OUI- Liquor or .08%
Marked Lanes Violation
Open Container
Client was a hard working human resources professional. According to police, she demonstrated concerning driving. She was pulled over by police. They stated she smelt like booze, had slurred speech, glassy eyes and problems performing field sobriety test. She took a portable breath test and scored three times the legal limit. After substantial consult and attempts to appeal her breath test refusal, a plea was sought. At the earliest date possible, client received non-jail alternative disposition.
RESULT: NON-JAIL ALTERNATIVE DISPOSITION. OPEN CONTAINER NOT RESPONSIBLE.

OUI-drugs, CASE DISMISSED

September 2nd 2014
OUI -Drugs
Client was a hard working, long-time truck driver with four children. When he was in a minor fender bender, the police thought he looked like “he could be under the influence”. He admitted to taking a sleeping pill of an unknown origin the night before, and was still sleepy. The police asked him to perform Field Sobriety Test (FST), which they said he failed. The police normally obtain at this point a Drug Recognition Expert or ‘DRE”, but they did not in this case. After examining the 911 tape, the accident scene, and witness statements, Attorney Barabino knew that the Commonwealth would be unsuccessful in proving its case. Attorney Barabino and client brought the case to trial, to which the Commonwealth stated it was not ready. Attorney Baraboo requested that the charge be dropped or “dismissed”, to which the judge agreed. Charge dismissed.
RESULT: CASE DISMISSED.