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Leaving the Scene of Property Damage Charges, OUI-Liquor, NOT GUILTY OF OUI/DWI

July 24th 2014
Leave Scene of Property Damage
Leave Scene of Property Damage
OUI - Liquor or .08%
Client was a hard working, truck-driving grandfather. According to police, he smashed into another motor vehicle and a road sign at a parking lot and left without informing anyone. The police investigated and interviewed the defendant at his home. When they interviewed the defendant, he had slurred speech, smelt of alcohol and had a hard time standing up. Attorney Barabino filed a motion to suppress statements made by the defendant, but the judge at an earlier date did not allow the motion. After viewing the scene and interviewing the witnesses, who gave a much different account than the police, a trial was requested. At trial, a judge declared that the Defendant is not guilty. A prior agreement for leaving the scene was generally continued for six months with no admission of any wrongdoing. Client had been an immediate threat and unable to drive since the beginning of the case, but could immediately seek reinstatement from the Registry of Motor Vehicles.
RESULT: NOT GUILTY OF OUI/DWI.

Probation Violation, CONDITIONAL REPROBATION, NO STATE PRISON TIME

June 18th 2014
Probation Violation/Surrender
Client was a bright young man who required representation for a probation violation. He had several violations. His violations included multiple positive drugs screens—meaning he used drugs in violation of his contractual agreement. He also failed to appear for probation, and additionally, while he was waiting for his final probation surrender, he was charged with another probation violation of assault and battery inside the jail. After months of discussions, the judge said he would release the defendant with conditions. Client stays in jail for nearly four months—but in the end avoids a lengthy state prison sentence and is released from custody.
RESULT: CLIENT REPROBATED, with Additional Conditions. NO STATE PRISON TIME.