February 17, 2012
2nd OFFENSE OUI- Liquor or .08%
Child Endangerment with Operating Under the Influence
Client was an employee with the Department of Defense. He was charged with Reckless Endangerment of a Child and Operating Under the Influence of Alcohol Second Offense. According to the police, the client's ex-wife received a call from the client that he was intoxicated and driving around with her child. She became frantic and searched for the client. When she located him, she argued with him about driving the motor vehicle in the condition he was in and he refused to give her the keys. She left (with her son) and called police since the client had insisted on driving. She cooperated with police and police found him a few hundred yards down the road. They stated that he failed the sobriety test and failed the Breathalyzer with a reading of .31%. .31% is nearly four times the legal limit. Prior to trial, Attorney Barabino made vigorous attempts to have the case thrown out in its entirety but was not successful. As the case moved forward, he sent the case down for Motion to Dismiss hearing regarding the Reckless Endangerment charge (which carried mandatory jail time), and that motion was allowed. At the day of trial, every witness appeared, leaving the client with the pre-trial option of a plea, which he eagerly sought. When the deal was argued before the judge, the Commonwealth asked the judge to force the client to attend parenting classes and install a Soberlink machine in his home. Attorney Barabino argued against it and was successful. The judge agreed with Attorney Barabino and the client left court with what he wanted—no jail time.
Result: Reckless Endangerment of a Child, DISMISSED, Motion to Dismiss, ALLOWED, NO JAIL TIME ON SECOND OFFENSE.
