» OUI

August 29, 2018
Assault and Battery with a Dangerous Weapon
Malicious Destruction of Property
Client was a respected business owner who, according to police, threw an object at a car causing permanent damage to the vehicle. After the incident, words were exchanged between client and accuser (owner of the vehicle). When police arrived, accuser cooperated with their investigation into the matter, and the defendant was subsequently charged with two felony counts of Assault and Battery with a Dangerous Weapon and Malicious Destruction of Property. Attorney Barabino was hired by client and gathered witnesses, photos, and other items and exhibits to offer an alternative explanation as to what happened for the clerk's consideration. In the end, an agreement was reached by all parties involved that client would pay the amount of damage caused to the car in exchange for a resolution of the case.
Result: NO APPLICATION FOR COMPLAINT TO ISSUE

June 19, 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, he made the decision to plead the case. Attorney Barabino negotiated in person with the District Attorney, successfully reaching a "continued without a finding" agreement, otherwise known as a CWOF. A second negotiation session resulted in a separate agreement for a not responsible finding on the civil charge. On the day of the plea, the only disagreement between Attorney Barabino and the Commonwealth was a brains-at-risk program which the 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.

January 30, 2018
2nd OFFENSE OUI- Liquor or .08%
Leave Scene of Property Damage
Disorderly Conduct
Resisting Arrest
License Suspended, For OUI, Operating with Chapter 90 Section 23
Client, a young woman who was on probation for operating under the influence, was charged a second time for the offense. She had a list of additional charges that followed after her arrest. The case involved several eyewitnesses and statements. A comprehensive investigation by the defense followed, and eventually a trial was scheduled. On the day of trial, the Commonwealth stated that they simply did not have the evidence to support the requisite element of “operation”.
Result: ALL CHARGES DISMISSED AT DAY OF TRIAL

December 28, 2017
1^st OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Client, a successful business owner, was charged with operating under the influence of alcohol. According to the police, he was driving under the influence when he crashed into another motor vehicle. The effects of alcohol were clear and obvious. His breath test result was nearly double the legal limit, and a bottle of alcohol in the car was another factor indicating that this otherwise reputable business owner made a mistake. He came to Attorney Barabino desiring to resolve what he had done as favorably as possible.
Result: First Offense OUI, DISMISSED After One Year of Probation, Civil Violation NOT RESPONSIBLE.

August 16, 2017
1^st OFFENSE OUI- Liquor or .08%
Client, a young college graduate, was driving and struck a parked car. He was eventually apprehended and charged with a first offense OUI. The defense made several challenges to admission of the Commonwealth's evidence via a motion to suppress. Although the court denied the motion, the court authored a well-written and detailed 9-page decision for their rationale and basis. The client agreed to a plea that would place him on probation for one year, with the agreement that the charge would be dismissed from his record at the end of that calendar year.
Result: First Offense OUI DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM.

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

July 7, 2017
2nd OFFENSE OUI- Liquor or .08%
Miscellaneous Municipal Ordinance 14-1
Open Container
Negligent Operation of Motor Vehicle
Probation Violation/Surrender
A hard-working mother was on probation for operating under the influence when she was charged again with the same offense. A probation violation was triggered. Attorney Barabino and client rapidly addressed the probation violation at one court and received an agreement with the Commonwealth that she add the SCRAM alcohol monitor to her probation for the first case. The second case (new offense) was 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 inpatient 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.

June 2, 2017
OUI –Drugs Serious Bodily Injury 2^nd Offense
Failure to Stop for Police
Negligent Operation of Motor Vehicle
Client, a retired teacher, was reported to police to be having some type of medical emergency and acting irrationally. Client drove off, driving erratically in opposite lanes of travel and reaching speeds of over ninety miles an hour. With police in hot pursuit, client hit a telephone pole, split it in half, while the car flipped over and burst into flames. Fortunately, police were at the scene to extinguish the flames, and rescue the client. She was charged with OUI-drugs, failure to stop for police, and negligent operation of a motor vehicle. Attorney Barabino entered a plea on negligent operation, for which a disposition would take place in the future. The two other charges went to trial. A verdict of not guilty was returned on both the OUI-drugs second offense and failure to stop for police. There were challenges in the Commonwealth's case and in the end, client was grateful for the efforts of all involved, including the police, who charged her. Another charge of serious bodily injury was reduced at a clerk-magistrate hearing prior to arraignment.
Result: OUI-drugs, second offense, NOT GUILTY, failure to stop for police, NOT GUILTY.