» License Suspended

Second Offense OUI, DISMISSED

January 30th 2018
2nd OFFENSE OUI- Liquor or .08%
Leave Scene of Property Damage
Disorderly Conduct
Resisting Arrest
License Suspended, For OUI, Operating with Chapter 90 Section 23
Client, a young woman who was on probation for operating under the influence, was charged a second time for the offense. She had a list of additional charges that followed after her arrest. The case involved several eyewitnesses and statements. A comprehensive interview followed from the defense and eventually trial was scheduled. On day of trial, Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”. Case Dismissed. All Charges Dropped.
RESULT: ALL CHARGES DISMISSED AT DAY OF TRIAL

Negligent Operation, NO ADMISSION OF WRONGDOING, License Suspension, NO LICENSE LOSS, CASE DISMISSED IN 12 MONTHS

November 24th 2015
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with License Suspended
A smart, hard-working young computer engineer was charged with negligent operation of a motorcycle, speeding, and license suspension. According to police, she was traveling close to ninety miles an hour when she “goosed it” and tagged the back of a truck. Her pelvis, leg and shoulder were broken. After witnesses spoke to police, a determination that she was driving negligently was made and she was criminally cited. Also, because of her less than stellar driving record, a plea negotiation was agreed to where she would be required to take two driving courses and be on probation for a year with no attendance needed. Moreover, the plea allowed for her to take an “Alford Plea”, which means she didn’t admit she did anything wrong, important for her civil personal injury case. Also, no license loss as part of the agreement.
RESULT: ALFORD PLEA allows for rights preserved and NO ADMISSION OF WRONGDOING. NO LICENSE LOSS. CASE DISMISSED in a 12 months.

Drug Possession, License Suspended, Disguise to Obstruct Justice, MOTION TO SUPPRESS FILED, NO CONVICTIONS, NO DRUG SCREENS OR PROBATION CONDITIONS REQUIRED

May 7th 2015
Possession of Class “A” Heroin
Possession of Class “E” Gabapentin
Possession of Class “B” Suboxone
License Suspended, Operating Motor Vehicle
Disguise to Obstruct Justice
Client was hard working contractor who was a target of a drug task force. The task force pulled him over with no license, and client giving a fake name and information resulted in arrest. In addition, task force had warrants. Upon searching the motor vehicle it found various drugs of different categories. He was charged with illegally possessing those as well. Also, client had recently been released after doing a committed jail sentence for various crimes. Fortunately, Attorney Barabino and client reviewed the case and Attorney Barabino found an imperfection with the arrest process---an imperfection that could lead to a judge determining that the arrest was illegal and that the evidence should be thrown out. After Attorney Barabino provided the court with a detailed legal memorandum, a hearing was set. Attorney Barabino and an experienced, seasoned DA, reviewed the progress client had been making and the probability that defense could be successful. Since drug screens would not be compatible with his job, both parties agreed on a two-year Continued Without a Finding (CWOF), which meant that the case would be dismissed after two years. No drug screens or attendance with probation would be necessary.
RESULT: Motion to Suppress, FILED, Probation with NO CONVICTIONS if continues crime free for two years. NO DRUG SCREENS OR PROBATION CONDITIONS REQUIRED.

Suspended License Violation, APPLICATION FOR COMPLAINT DISMISSED PRIOR TO ARRAIGNMENT

July 17th 2014
Operating Motor Vehicle with Suspended License
Client was a hard working, perfect SAT-scoring engineer, who was simply accruing too many moving violations, which confusingly triggered multiple license suspensions. After clearing up one of the violations in a different court, the above complaint issued, but fortunately he applied for and received a clerk magistrates hearing. The clerk magistrate was diligent, fair, and respectful. He stated that if three months were to elapse without any further offenses, client should expect no complaint to issue. Client appeared with Attorney Barabino and the case was in fact dissed, prior to arraignment, and the paperwork shredded by the court.
RESULT: Application for Complaint DISMISSED, PRIOR to Arraignment.

NOT GUILTY ASSAULT AND BATTERY, ATTEMPTED MURDER DISMISSED

September 4th 2013
Negligent Operation of Motor Vehicle
Speeding in Violation of Special Regulation
License Suspended, Operation Motor Vehicle, Subsequent Offense
Assault with a Dangerous Weapon
Resisting Arrest
Attempted Murder
Client was a hardworking father and employee who required representation for several charges. According to police he was a member of a reputed motorcycle gang and was intent on killing a high-ranking member of the local police force. The client was charged with Attempted Murder, Assault and Battery with a Dangerous Weapon, Assault and Battery on a Police Officer, Negligent Operation of a Motor Vehicle, Operating with a Suspended Licenses Subsequent Offense, Resisting Arrest and some civil ordinance violations. According to police, he tried to evade a stop, and tried to kill the officer with his motorcycle and upon being physically stopped tried to assault and beat the officer and resist arrest. A struggle lasted in what the District Attorney stated was one of this officer's most violent struggles. At one point the police alleged that he came dangerously close to his firearm. Eventually, the struggle ended and client was charged with the crimes noted above. Attorney Barabino and client moved through the court process, which the Attempted Murder was first dismissed and no indictment occurred. The matter resolved in District Court and the jury concluded that despite all the allegations, the Commonwealth did not prove that client intended to harm anyone.
RESULT: NOT-GUILTY on Assault and Battery with a D/W, Attempted Murder DISMISSED, License Suspension Subsequent DISMISSED, Assault and Battery on Police Officer DISMISSED after Verdict MISTRIAL.

Illegal Drug Related Charges, SCHOOL ZONE DISMISSED, Negligent Operation, Speeding, License Suspension, REDUCED TO FIRST OFFENSE, NO JAIL TIME FOR ANY CHARGE

June 26th 2012
Drug, Possession to Distribute Class A Chapter 94C Section 32A (a)

Unlawful Drug Possession Chapter 94C Section 34
Drug Violation Near School/Park Chapter 94C 32 J

Negligent Operation of Motor Vehicle Chapter 90 Section 24(2)(a)

Speeding in Violation of Special Regulation Chapter 90 Section 18
License Suspended, Operation Motor Vehicle, Subsequent Offense Chapter 90 Section 23E
Client was recently licensed barber who was charged with several offenses. Those offenses included Possession of Heroin, Possession of Heroin with the Intent to Distribute, School Zone/Park Drug Violation, Negligent Operation of a Motor Vehicle, Failure to Stop for Police, Driving on a Suspended License Subsequent Offense, and related civil infractions. According to police, they saw client driving and they knew from prior knowledge that he did not have an active license. They stated they were “very familiar” with client. The statement that they were very familiar with client was supported by the client’s former arrest for distribution and possession of drugs. When they hit the sirens to pull him over he took off and the police chased him for several streets until they caught him on a one way. After client was stopped, they arrested him and took him for booking. After the arrest they found ten separate baggies of what was heroin, packaged in a method consistent with distribution of the drug. Moreover, and very problematic for the Defendant, was that the police charged him with distributing the drugs in a school zone, which carries a two-year house of correction sentence—mandatory—meaning no suspended sentence, no house arrest and obligatory jail time. After nearly a year of litigating the case and hiring an expert in distribution of drugs, the day of trial finally arrived. At trial, the Commonwealth brought with them their own expert in drug distribution, an expert in school zone measurement, two police officers, a chemist from the State Police crime lab, and a representative from the Department of the Registry of Motor Vehicles. Despite Attorney Barabino's ability to and desire to prove his client's innocence, a deal was offered that client was very receptive to. The deal included the Commonwealth dismissing the School Zone Drug Violation charge, dismissing the Possession Charge, reducing the Driving on a Suspended License offense from a subsequent offense to a first offense, a Continuation Without a Finding on the Negligent Operation of a Motor Vehicle, and no fine imposed for the civil offenses.
RESULT: School Zone, DISMISSED, Driving on a Suspended License Subsequent Offense, REDUCED TO FIRST OFFENSE, NO JAIL TIME FOR ANY CHARGE.