» Liquor

First Offense OUI, DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE

August 14, 2017
1st OFFENSE OUI- Liquor or .08%
Client, a young professional, sought counsel for a first-time OUI offense: she was pulled over driving without lights, failed the field sobriety tests, and made incriminating statements. After discussing the option of a trial or a plea, she opted for a plea, in part, to accelerate her hardship license application. Agreement was hashed out and a "not responsible" on her civil infraction was entered at the first court appearance, with probation for the OUI charge. Client agreed to a plea that would place her on probation for one year, with the agreement that the charge will be dismissed from her record after one year.
Result: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.

Second Offense OUI, NON-JAIL ALTERNATIVE DISPOSITION, OPEN CONTAINER NOT RESPONSIBLE.

January 13, 2016
Second Offense OUI- Liquor or .08%
Marked Lanes Violation
Open Container
Client was a hard-working human resources professional. According to police, she demonstrated concerning driving. She was pulled over by police. They stated she smelled like booze, had slurred speech, glassy eyes, and problems performing a field sobriety test. She took a portable breath test and scored three times the legal limit. After substantial consultation and attempts to appeal her breath test refusal, a plea was sought. At the earliest date possible, client received non-jail alternative disposition.
Result: NON-JAIL ALTERNATIVE DISPOSITION. OPEN CONTAINER NOT RESPONSIBLE.

Marked Lanes, NOT RESPONSIBLE, Negligent Operation, DISMISSED

January 11, 2016
Second Offense OUI- Liquor or .08%
Disorderly Conduct
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Client was stopped by police after hitting the fence of a police station. Police determined that the smell on his breath, unsteadiness and related factors were sufficient to arrest—an assumption that was correct. Client had been drinking before and was surprised to realize his level of intoxication was as high as it was. The biggest factor for client was accepting responsibility and getting a license back at the earliest opportunity. Attorney Barabino and client were able to negotiate no jail time. Not responsible on Marked Lanes Violation. Negligent Operation Dismissed.
Result: Alternative No Jail Disposition, Marked Lanes, NOT RESPONSIBLE, Negligent Operation, DISMISSED.

OUI-liquor, NOT GUILTY VERDICT, LICENSE REINSTATED

August 19, 2014
OUI - Liquor or .08%
Client was a hard-working supermarket manager. After having a few drinks after work one day, he encountered a DWI/OUI roadblock on his way home. The State Police noticed that he had glassy red eyes, admitted to consuming two drinks, slurred his speech, and was very unsteady on his feet. After an unsuccessful performance on his field sobriety test, he was arrested. Client took the stand in his own defense. A clear timeline and understanding of his natural inability to perform the test was presented, and an attentive jury returned a verdict of not guilty.
Result: Jury returns verdict of NOT GUILTY, Motion to reinstate license, ALLOWED.

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

July 24, 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, smelled 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 was not guilty. A prior agreement for leaving the scene was generally continued for six months with no admission of any wrongdoing. Client had been under an immediate-threat suspension 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.