» Motor Vehicle

October 21^st 2014
Permitting Unlicensed Operation of a Motor Vehicle
Client was a hard working kindergarten teacher who allowed her husband to drive her motor vehicle without a license. He has since obtained his permit, and upon providing verification of a full and authenticated license, will have this matter be closed. No complaint ever issues.
RESULT: APPLICATION FOR COMPLAINT DISMISSED, PRIOR to Any Arraignment.

April 30^th 2014
2nd Offense OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with Suspended License
According to police, client drove recklessly around state police who were assisting with road construction safety. According to police report, client weaved around the police and workers in such a way that it required them to jump out of the way of his vehicle. According to the state troopers' police narrative, the defendant’s eyes were bloodshot, his speech slurred, he failed the sobriety test, and he failed a Breathalyzer test. The client weighed his options with Attorney Barabino and in the end simply wanted to bring the matter to conclusion, to get a predictable result and obtain his license back as soon as possible. Following his client’s wishes, Attorney Barabino met with the District Attorney, who remained committed to recommending a suspended six-month jail sentence, a two-week inpatient detoxification program, and related programs. The judge listened intently and diligently to all sides and in the end agreed with Attorney Barabino for a 12 Month CWOF for the OUI Second Offense and to treat it as a First Offense instead. The judge gave the District Attorney what he sought on the Negligent Operation and License Suspension.
RESULT: OUI Second Offense Reduced to First Offense Deal, SECURED, Continued Without a Finding (CWOF) for a Period of One Year, with DISMISSAL After One Year.

October 22^nd 2013
False Report of Motor Vehicle Theft
Client was a young, college educated professional who was charged with falsifying a stolen motor vehicle report. Although the young woman had been in previous entanglements with the law, she did not have a criminal record. If she were to be found guilty of this charge she would be a convicted felon. The consequences would be disastrous. After moving the case through the court for nearly a year and half, the trial date arrived. At trial, there was an option for a deal that became acceptable for the District Attorney, which included a reduction in the charge, as long as the young woman were to engage in therapy, remain drug and alcohol free with random screens, and pay a monthly fee to the court. The result of this disposition gave the defendant a chance to prove herself, remain an employed and productive member of society, while moving forward with her life drug free. A win-win for all involved.
RESULT: CHARGE REDUCED, 12 MONTH CONDITIONAL PROBATION, DISMISSAL at End of Year.

March 29^th 2013
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
2nd OFFENSE OUI- Liquor or .08% Chapter 90 Section 24(1) (a) (1)
According to police, client had rammed into a vehicle and left the scene of the accident. Police responded to the scene and immediately noticed, while on patrol, that the client's vehicle had damage similar that that which would be described. When police pulled the vehicle over they noticed paint matched the vehicle that was hit. They also noticed paint on the other vehicle and noticed that it matched as well. The police spoke to client and stated that his speech was slurred; he had to hold on to the side of the truck for balance; his eyes were bloodshot and glassy; his breath smelt like booze; and he was unsteady on his feet. Moreover, the client had Budweiser cans opened and unopened, strewn throughout the vehicle. Client simply wanted to gain his license back, but the District Attorney of Essex County sought jail time instead. The Commonwealth presented five separate witnesses. At sentencing, the DA requested this hard working single father be sent to prison for two years suspended and serve a full year committed in jail. In the end, the judge agreed with Attorney Barabino and denied the Commonwealth request. Judge simply placed the Defendant on probation with a brief 14 day-impatient program. All the civil violation were found not responsible and the verdict on the Leaving the Scene was a clear and resounding "not guilty".
RESULT: Leaving the Scene of Property Damage, NOT GUILTY AFTER TRIAL, All Civil Violations found NOT RESPONSIBLE. NO JAIL FOR OUI CHARGE

December 20^th 2012
Drug, Possession to Distribute Class D Chapter 94C Section 32C(a)
Client was a young man with no criminal record. According to police, client was in a motor vehicle when police approached and saw what they described as smoke emitting from the windows. The police searched and interviewed all the people in the vehicle. During the search of the vehicle, they discovered two scales used for weighing marijuana, and marijuana itself. The amount of marijuana combined with the scales and statements resulted in the arrest of client and another. A Motion to Suppress was filed and testimony was elicited from the arresting officers as well as the parties charged with this crime. After a hearing, the court took the matter under advisement. At the next court date, the court issued their ruling, declaring that the police acted unconstitutionally and that the evidence should be thrown out as inadmissible. As a result, the charges were dismissed.
RESULT: Motion to Suppress, ALLOWED, CASE DISMISSED.

November 28th 2012
Probation Violation/Surrender Chapter 279 Section 3
Client was a college-educated professional already on probation for drug related offenses. During her period of probation, it was alleged that she flipped a motor vehicle and left the scene. The police investigating the incident came to the conclusion that she was probably the operator of the motor vehicle, despite her repeated assertions that she was not. Moreover, the police charged her with filing a false police report since they didn’t believe her statement that the car was stolen. As a result, a probation violation was found. At the final hearing, a joint agreement to extend probation by six months and that she could keep her CWOF—meaning no conviction--was made.
RESULT: Probation Extended with NO JAIL TIME AND NO CONVICTION.

November 24^th 2012
Unlicensed Operation of a Motor Vehicle Chapter 90 Section 10
Inspection Sticker Chapter 90 Section 20
Alcohol in Motor Vehicle, Possession Open Container Chapter 90 Section 24I
Client was an out-of-state resident who was driving in Massachusetts without a license. He was stopped by police and charged with various offenses. According to the police report, client was stopped initially due to his lack of Massachusetts license, a criminal offense. Once he was stopped he was charged with other crimes. Attorney Barabino reviewed all the reports and ticketing information processed by police for this arrest. Upon a through review, he determined the tickets issued by police were not in compliance with required regulations. As a result of the police not following the proper requirements, he filed a Motion to Dismiss, along with a lengthy memorandum of law. The court held a hearing to listen to the legal arguments presented by Attorney Barabino, and at the conclusion of the hearing the judge allowed Attorney Barabino’s Motion to Dismiss the three charges.
RESULT: Motion to Dismiss, ALLOWED. ALL THREE CHARGES DISMISSED.

November 8^th 2012
Operating to Endanger Chapter 90 Section 24
Client was an out-of-state college student who was charged with Operating to Endanger. According to police, client was driving in the early morning hours when he drove through a stop sign and into several parked motor vehicles causing over $100,000 of damage to two vehicles, a motorcycle, and a portion of a home. In the end, application for complaint was dismissed.
RESULT: Application for Complaint, DISMISSED.