» OUI

October 23^rd 2019
SECOND OFFENSE OUI- Liquor or .08%
Unlicensed Operation of a Motor Vehicle
Client was a hard-working musician who was charged with OUI, for the 2^nd time. Moreover, he was charged within ten years of each other which makes him ineligible for an otherwise very favorable disposition. According to police, he negligently drove into a parked car. And what made this case unique was the police observed him firsthand, whereas normally, they respond to the scene of the accident, on this occasion they witnessed it. Client was polite and agreed to take sobriety test, which he failed. He also agreed to a breathalyzer test which he failed. He simply wanted to deal to resolve everything and simply wanted to take responsibility. The District Attorney took everything into consideration, including his background and lack of serious criminal history and agreed to have him not go to jail, nor have any conditions of probation such as a SCRAM device or random drugs screens. The result was to go to negotiate the minimum of a sixty-day house of correction sentence, suspended for a two-year period. Client will also be required to attend a mandatory two-week impatient program, with aftercare.
RESULT: 2nd OFFENSE OUI, Standard 2^nd Offense Statutory Disposition, Unlicensed Operation NOT RESPONSIBLE.

May 28^th 2019
Operating under the Influence of Alcohol
Client was a very pleasant hard-working dad who was charged with operating under the influence of alcohol. According to Police, client was speeding when he collided another speeding vehicle. Although the damage was minor, police came and began asking questions. Client admitted drinking three beers and naturally smelled like alcohol, which the police noted. The police testified his eyes were also bloodshot and very glassy. And that he was unsteady on his feet and was swaying slightly. At trial, Attorney Barabino cross-examined the officer and then put on the defendant’s friend who he had been with just prior to the arrest. An attentive jury took their time, asked questions and finally unanimously returned a verdict of NOT GUILTY. Attorney Barabino requested the court endorse a motion to reinstate the license which was allowed.
RESULT: Jury Verdict of NOT GUILTY, Motion to Reinstate License ALLOWED.

May 20^th 2019
FIRST OFFENSE OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Registration Suspended, Operation
Uninsured Motor Vehicle
Client was pleasant graduate student at a local college. Although studying locally she was not from the area and sought to move away from Massachusetts in the fairly near future. As a result, she was eager to bring this case to a predictable resolution. According to police, the client tapped a car and then went into a liquor store and purchased nips. The customer service at the liquor stated she was already intoxicated when she arrived at the store. When police arrived she was consuming the nips she had just bought. The police stated she failed the field sobriety test and also admitted to drinking since early morning. She also blew the Breathalyzer machine, which although not admissible evidence came in at three times the legal limit. In the end, Attorney Barabino clients wanted a deal and no trial and he negotiated all the charges dismissed with the exception of the OUI charge, which if she completes probation is dismissed. She was also granted a travel permit to go as she pleases to out of state obligations.
RESULT: ALL CHARGES DISMISSED, with Exception of OUI Charge, which will be DISMISSED, If client completes the standard OUI program. No other conditions of probation and can maintain travel permit to travel as desired.

April 3^rd 2019
OUI- Liquor or .08%
Refusal to Obey a Police Officer
According to police, client was causing a disturbance at a tow-yard. They arrived and began asking him some questions as he sat in his stationary, but, running vehicle. They smelt the strong odor of alcohol coming from his breath. Client was inattentive and non-responsive to the officers demands and questions. When the defendant stood, he swayed slightly. The police placed the Defendant under arrest operating under the influence of alcohol and refusing to identify himself. At the booking procedure he passively resisted almost all commands and at one point had to be carried to the jail cell. In the end, he was charged with OUI and refusing to identify himself. He was acquitted after a trial of OUI and ordered to pay one hundred dollars for refusing to identify himself.
RESULT: Operating Under the Influence,NOT GUILTY. Fine of $100.00 for the Refusing to Identify.

December 4^th 2018
Unlicensed Operation of MV
First Offense OUI- Liquor or .08%
Failure to Stop
A hard-working individual was in a minor car accident and State Police were called to the scene and charged client with operating under the influence of alcohol; driving unlicensed and a civil infraction. According to State Police, client’s breath smelt of alcohol, he was slurring his words, he was unsteady on his feet and had red glossy eyes. When the respectful officer asked about the accident, client was not entirely clear about the account and the damages to the vehicle did not fit his account. Attorney Barabino crossed examined the both the arresting officer and the booking officer. At the conclusion of the case, the jury deliberated and agreed that the client was NOT GUILTY of driving under the influence. The court also marked his civil infraction NOT RESPONSIBLE and the client had already agreed to a three-month probation period on the unlicensed operation which at which time it will be dismissed.
RESULT: JURY RETURNS VERDICT OF NOT GUILTY.

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.

October 29th 2018
FIRST OFFENSE OUI- Liquor or .08%
Open Container
Speeding
Marked Lanes Violation
Client, a young hard working-working professional was charged with Operating under the influence of Alcohol. In addition to the criminal charge she was given three separate "civil" citation(s) which included possessing an open container, speeding and marked lanes violation. According to Police in the early morning hours, client was speeding and weaving. She was found with a glass of beer, red bloodshot eyes and the smell of alcohol on her breath among other indicators of intoxication. Despite what appeared to be a strong case for the Government, she did have a strong defense. Despite the existence of this defense, client understandly, simply wanted to get the case wrapped up quickly, with the least cost and effort possible. As a result, Attorney Barabino was able to negotiate with the District Attorney a 1st offense disposition whereas, the charge will be dismissed after a one-year period. This is a fairly predictable result when the client has an otherwise clean record, no accident at the scene and no additional circumstances such as very high breath test result or disrespectful conduct to the officer. In addition to the 1st offense plea there was an agreement to dismiss all the "civil" infractions which is particularly important to avert an extended license suspension for the multiple surcharges which can result from civil infractions.
RESULT: 1st OFFENSE, 90/24D Disposition, Civil Infractions found NOT RESPONSIBLE.

October 25th 2018
SECOND OFFENSE OUI- Liquor or .08%
Open Container
Marked Lanes Violation
Client, was a world-class martial artist, dad and otherwise responsible citizen. According to the police, the client was driving erratically when a citizen called the police to investigate. When police arrived, they found client was operating his vehicle and in possession of an open bottle of brandy. The client agreed to a breathalyzer test and blew a .26 which is three times the legal limit. The Commonwealth sought a six-month suspended sentence and two-year loss of license. In addition, they requested a two-week impatient program. Attorney Barabino sought a first offense which the law allows, if the prior offense was more than ten years as was the case. Attorney Barabino provided a memorandum to the court outlining the clients unquiet and distinctive career path. In the end, the court agreed with Attorney Barabino for a 1st offense disposition. So, he received a guilty conviction, but as a first offender. The result will be he will be allowed to request a hardship license before the registry at a sooner date and support his family while maintaining safety and sobriety for the him and the community in general. Also, client does not have to attend the two-week impatient program.
RESULT: 2nd OFFENSE provided 1st OFFENSE DISPOSITION.