» PLEA

Negligent Operation, CONDITIONAL DISMISSAL AFTER 90 DAYS

June 8th 2016
Negligent Operation of Motor Vehicle
A retired teacher was accused of negligently operating a motor vehicle. There were four separate witnesses, including a police officer that witnessed the motor vehicle crash. The witnesses were not helpful to the defendant. A plea was made before the judge asking for ninety-days probation. The District Attorney sought slightly more probation time. In the end, the judge sided with Attorney Barabino and allowed the defendant’s case to be dismissed, as long as she stays out of trouble, for a ninety-day period—otherwise called a continued without a finding or (CWOF).
RESULT: Case to be DISMISSED AFTER 90 DAYS, with NO CONVICTION ON RECORD. Enroll in two safety driver courses.

First offense OUI, Same Day PLEA, Open Container, NOT RESPONSIBLE

June 1st 2016
1st OFFENSE OUI- Liquor or .08%
Marked Lanes Violation
Client was a young man who was having substantial substance abuse issues. He was in a motor vehicle accident and was clearly intoxicated. As client resided out of state, Attorney Barabino arranged for probation to be transferred and negotiated with the district attorney to resolve the matter on the same day as arraignment. No restitution needed to be paid. Not responsible on the civil citation determined. At the plea hearing, the judge sided with Attorney Barabino and granted the defendant a Continuance Without a Finding (CWOF), allowing the case to be dismissed. No drug or alcohol screens. All in same day.
RESULT: Same day PLEA, out of state OUI-alcohol, open container, NOT RESPONSIBLE

Negligent Operation, NO ADMISSION OF WRONGDOING, License Suspension, NO LICENSE LOSS, CASE DISMISSED IN 12 MONTHS

November 24th 2015
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with License Suspended
A smart, hard-working young computer engineer was charged with negligent operation of a motorcycle, speeding, and license suspension. According to police, she was traveling close to ninety miles an hour when she “goosed it” and tagged the back of a truck. Her pelvis, leg and shoulder were broken. After witnesses spoke to police, a determination that she was driving negligently was made and she was criminally cited. Also, because of her less than stellar driving record, a plea negotiation was agreed to where she would be required to take two driving courses and be on probation for a year with no attendance needed. Moreover, the plea allowed for her to take an “Alford Plea”, which means she didn’t admit she did anything wrong, important for her civil personal injury case. Also, no license loss as part of the agreement.
RESULT: ALFORD PLEA allows for rights preserved and NO ADMISSION OF WRONGDOING. NO LICENSE LOSS. CASE DISMISSED in a 12 months.

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