» Offense

License Restriction Violation, Ignition Interlock Violation, MANDATORY JAIL SENTENCE DISMISSED

October 9th 2014
License Restriction, Operate Motor Vehicle
Ignition Interlock, Operation Without
According to police, client was driving an unregistered vehicle with a bad inspection sticker when police pulled him over. Upon review, they determined that he did not have a legally required Breathalyzer machine installed in his vehicle, which is a mandatory 6-month jail sentence with no parole, probation, or suspended sentence. Client understood that jail was nearly unavoidable but regardless he underwent intense preparation for trial with Attorney Barabino. At the first trial date, the Commonwealth was unable to secure a necessary witness, so another date was selected. On, the second trial date, the Commonwealth was unable to secure a necessary witness from the Registry of Motor Vehicles (RMV), leaving them with limited options. The result was, after consultation, a full dismissal of the mandatory jail sentence.
RESULT: Mandatory Jail Sentence, DISMISSED.

License Suspension Violation, NOT GUILTY, NO JAIL TIME

August 11th 2014
License Suspended, Operating Motor Vehicle
Client had been charged with operating with a suspended license for OUI. The distinction between License Suspended for OUI and Licensed Suspended is significant. Driving with a suspended license for OUI has mandatory jail term of at least 60 days. Attorney Barabino made the distinction in the law clear to the judge. Although the judge did not send client to jail, he declined to enter proper verdict. The proper verdict was not guilty. After providing client with appellate counsel, the case was brought back to the court and his record amended to the lesser-included offense. In the end, defendant not guilty of the original charge.
RESULT: NOT GUILTY of the original charge, Docket Amended, NO JAIL TIME.