» not responsible

DWI First Offender

June 19th 2018
1st OFFENSE OUI - Liquor or .08%
Improper Stopping
Client, a young professional, drank more than he was used to drinking and made the mistake of driving. He was charged with driving under the influence and a civil violation of improper stopping. According to police, he tapped a car while under the influence and vomited on his car door. Because of hitting the car, vomit, admission to drinking, and inability to perform major acts of coordination, decision to plea the case. Attorney Barabino negotiated in person with District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in separate agreement for a not responsible finding on the civil charge. On day of plea, only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which latter sought. Judge ultimately agreed with Attorney Barabino, and client did not have to attend the additional program.
RESULT: 24D Disposition, CASE DISMISSED IN ONE YEAR, NOT RESPONSIBLE CIVIL INFRACTION, NO ADDITIONAL PROGRAM ORDERED.

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

August 14th 2017
1st OFFENSE OUI- Liquor or .08%
Client, a young professional, sought counsel for first time OUI offense: she was pulled over driving without lights, failed field sobriety test, and made incriminating statements. After discussing the option of a trial or a plea, she opted for 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 charge will be dismissed off her record after one year.
RESULT: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM, CIVIL VIOLATION NOT RESPONSIBLE.

NO JAIL TIME ON SECOND OFFENSE OUI/DWI

July 7th 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
Hardworking mother was on probation for operating under the influence when she was charged again for the same offense. Probation violation triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with Commonwealth that she add the SCRAMM alcohol monitor to her probation for the first case. The second case (new offense), placed on a disposition date (today), on which an agreement was made where the client would receive no jail time on the OUI charge and would agree instead to attend a two-week impatient program, the negligent operation charge dismissed, the highway wrong-way charge "not responsible", and open container of alcohol not responsible.
RESULT: NO JAIL TIME ON SECOND OFFENSE OUI, NEGLIGENT OPERATION DISMISSED, HIGHWAY VIOLATION AND OPEN CONTAINER VIOLATION NOT RESPONSIBLE.

Marked Lanes, NOT RESPONSIBLE, Negligent Operation, DISMISSED

January 11th 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 -assumption was correct. Client before had been drinking 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 possibility. 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.

Negligent Operation, Marked Lanes Violation, License Not in Possession, CONDITIONAL DISMISSAL, ADMISSION TO NOTHING, RETAINED PRESUMPTION OF INNOCENCE

November 4th 2015
Negligent Operation of Motor Vehicle
Marked Lanes Violation
License not in Possession
A young man had swerved off the road and struck a telephone pole. It was a single-car accident and police responded quickly and professionally. Client was transported to the hospital with injury. After two court dates and consultation with the District Attorney, a disposition was entered with the court. The result was an agreed upon dismissal in 90 days time. Also an entry of not-responsible was entered on Marked Lanes Violation as well -an otherwise additional small victory which prevented a surcharge and points against insurance.
RESULT: As long as Client remains arrest-free for ninety (90) days and enrolls in a half-day program called “Brains-at-Risk” this case to be DISMISSED. Client ADMITS TO NOTHING and still retains the PRESUMPTION OF INNOCENCE.

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.