» intoxication

Negligent Operation of Motor Vehicles, DISMISSED

December 29th 2017
Negligent Operation of Motor Vehicle
Miscellaneous Municipal Ordinance 14-1
Client was a young man about to begin his first year of college. According to police, he was driving recklessly, passing cars and almost striking an officer. When police stopped him they were concerned that he was under the influence of an intoxicating substance. In addition to the facts witnessed by the police officer, client was disrespectful and verbally combative with the officer. In the end, to avoid a conviction on his record, client agreed to being on probation for 18-months, a driver safety course, and an evaluation to ensure that he is not abusing illicit drugs. If successful, the charge will be dismissed at the conclusion of 18-months. Additionally, his speeding fine and charge was found not responsible.
RESULT: DISMISSED, on condition client completes 18-month probation with conditions.

First offense OUI, Same Day PLEA, Open Container, NOT RESPONSIBLE

June 1st 2016
1st OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Client was a young man who was having substantial substance abuse issues. He was in a motor vehicle accident and was clearly intoxicated. As client resided out of state, Attorney Barabino arranged for probation to be transferred and negotiated with the district attorney to resolve the matter on the same day as arraignment. No restitution needed to be paid. Not responsible on the civil citation determined. At the plea hearing, the judge sided with Attorney Barabino and granted the defendant a Continuance Without a Finding (CWOF), allowing the case to be dismissed. No drug or alcohol screens. All in same day.
RESULT: Same day PLEA, out of state OUI-alcohol, open container, NOT RESPONSIBLE

Second Offense OUI, Negligent Operation of Motor Vehicle, Two Counts of Leaving the Scene of Personal Injury, License Suspended, ALL CHARGES NOT GUILTY

January 29th 2013
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)
Leaving the Scene of Personal Injury Chapter 90 Section 24
Leaving the Scene of Personal Injury Chapter 90 Section 24
License Suspended, Operating Motor Vehicle with c90 §23
According to police, client was highly intoxicated, and the evidence of the intoxication was clear. According to eyewitnesses, client drove into two other vehicles and then ran off. Moments later, eyewitness confirmed to police that the Defendant was the operator of the motor vehicle. Once police confirmed that information they questioned client, who admitted that she was intoxicated and that she was the driver of the motor vehicle. Client failed the field sobriety test and once at the station agreed to take a Breathalyzer test, which concluded that she was twice (.16) the legal limit. After several witnesses testified, the jury at trial deliberated and returned a verdict of not guilty of all counts.