» OUI 2nd Offense

2nd OFFENSE OUI = 1st OFFENSE

November 9th 2018
SECOND OFFENSE OUI- Liquor or .08%
Speeding

Client was a hard-working, newly married construction professional who was charged with a 2nd Offense OUI. According to Police, he was speeding and pulled over. The police drafted a report with all the normal indicators of intoxication. Also, client agreed to a breath test which was twice the legal limit. The client wanted a deal and wanted to move on with his life which included a hardship license to drive. At a plea hearing, the Commonwealth asked the judge to impose a guilty conviction with a suspended jail sentence and have him attend a government two-week IMPATIENTprogram. Attorney Barabino argued for an alternative disposition where client would be 1) placed on probation with an expectation that the case be dismissed after a year with normal conditions and cost of a 1st Offense OUI charge, a 45-day loss of license not one year, and NO Impatient program. The judge agreed with Attorney Barabino.
RESULT: 2nd OFFENSE OUI, 1st OFFENSE RESULT, Speeding Ticket, 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.