» Lesser Included Offense

August 11, 2014
License Suspended, Operating Motor Vehicle
Client had been charged with operating with a suspended license for OUI. The distinction between License Suspended for OUI and License Suspended is significant. Driving with a suspended license for OUI had a mandatory jail term of at least 60 days. Attorney Barabino made the distinction in the law clear to the judge. Although the judge did not send the client to jail, he declined to enter the proper verdict. The proper verdict was not guilty. After providing the client with appellate counsel, the case was brought back to the court and his record amended to the lesser-included offense. In the end, the defendant was not guilty of the original charge.
Result: NOT GUILTY of the original charge, Docket Amended, NO JAIL TIME.