» Negligent Operation of Motor Vehicle

Negligent Operation, Illegal Fireworks Possession, APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION DISMISSED, UPON SATISFACTION OF CERTAIN CONDITIONS NO CONVICTION

May 7th 2014
Negligent Operation of Motor Vehicle
Fireworks, Possession Unlawful
Client was bright college student and band member. He was charged with Negligent Operation of a Motor Vehicle and Possession of Fireworks. According to a state police report, he was parked on the left side of the highway-asleep in his vehicle. When police interviewed him, he had alcohol on his breath and his eyes were bloodshot. Yet unusually, the police only charged him for Negligent Operation of a Motor Vehicle and also for fireworks that were within the motor vehicle and are a criminal offense under Massachusetts's law. Attorney Barabino presented to a clerk magistrate the facts and background and the magistrate eliminated the fireworks charge. Once arraigned on the remaining charge, an agreement was made with the Commonwealth whereas some conditions would be met with administrative probation on the assurance that the matter would be dismissed upon all requirements.
RESULT: APPLICATION OF COMPLAINT FOR UNLAWFUL FIREWORKS POSSESSION, DISMISSED, Upon satisfaction of certain conditions, NO CONVICTION.

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