» Negligent Operation

OUI-Liquor, Negligent Operation, License Suspension, OUI SECOND OFFENSE REDUCED TO FIRST OFFENSE, CWOF WITH DISMISSAL AFTER ONE YEAR

April 30th 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.

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.

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