» License Suspension

Operating on a Suspended License

December 5th 2019
Operating on a Suspended License
Failure to Signal
Client was a very pleasant hardworking father of four who was charged with driving a suspended license. According to police, he failed to signal and when he was pulled over his license was suspended. We disputed the technical issue of a license suspended and expected a trial would be the only way to vindication—but when the district attorney offered to simply dismissed on $150.00 court cost and not responsible finding on the civil violation that was a welcomed result and accepted.
RESULT: DISMISSED on $150.00 Court Cost and Not Responsible on Civil Violation.

Clerk's Hearing Dismissal

June 27 th 2019
Driving on a Suspended License
Failure to Keep Right Citation
Client was was a very pleasant retired teacher who had had an imminent threat destination on her license. Which meant she was supposed to cease immediately until it was reinstated by the registry. About a week after the suspension went into effect, she was involved in another separate accident and her license had not been reinstated. At the clerks hearing the case was able to be dismissed in the entirety, including the civil violation that accompanied the criminal license suspended charge.
RESULT: DISMISSED at CLERK MAGISTRATE HEARING.

License Suspension Violation, Marked Lanes Violation, CHARGE DISMISSED ON COURT COST, CIVIL INFRACTION NOT RESPONSIBLE

February 12th 2014
Marked Lanes Violation
Operating Motor Vehicle with Suspended License
Client was a hard working computer engineer who was stopped for a Marked Lanes Violation. When he was stopped for a marked lanes violation, the officer informed him that his license was suspended---a criminal offense. Attorney Barabino negotiated with the very reasonable and experienced Middlesex prosecutors, who after reviewing all the facts and the client's otherwise outstanding background, agreed to dismiss the charge of license suspension, with court cost, and find him not responsible for the civil infraction.
RESULT: Charge DISMISSED on Court Cost, Civil Infraction, 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.
RESULT: ALL CHARGES NOT GUILTY AFTER TRIAL

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.