» Second Offense

First Offense OUI, CONTINUED WITHOUT A FINDING (CWOF), Plea for Second Offense OUI, OPEN CONTAINER NOT-RESPONSIBLE.

November 29th 2016
2nd OFFENSE OUI- Liquor or .08%
Open Container
Client was a federal employee who was charged with a Second Offense OUI. He was alleged to have driven over some lawns and subsequently have failed a sobriety test. He also had an open bottle of vodka. His breath test was almost four times the legal limit. Client entered detox, voluntarily, prior to entering plea before the court. At the client's court hearing the Commonwealth asked for a jail sentence with a mandatory two-week impatient program. They also sought a two-year loss of license. After a plea hearing, the judge sided with Attorney Barabino and granted the client a first offense plea, despite being his second offense.
RESULT: First Offense OUI, CONTINUED WITHOUT A FINDING (CWOF), Plea for Second Offense OUI, OPEN CONTAINER NOT-RESPONSIBLE.

Second Offense OUI, NON-JAIL ALTERNATIVE DISPOSITION, OPEN CONTAINER NOT RESPONSIBLE. 

January 13th 2016
Second Offense OUI- Liquor or .08%
Marked Lanes Violation

Open Container
Client was a hard working human resources professional. According to police, she demonstrated concerning driving. She was pulled over by police. They stated she smelt like booze, had slurred speech, glassy eyes and problems performing field sobriety test. She took a portable breath test and scored three times the legal limit. After substantial consult and attempts to appeal her breath test refusal, a plea was sought. At the earliest date possible, client received non-jail alternative disposition.
RESULT: NON-JAIL ALTERNATIVE DISPOSITION. OPEN CONTAINER NOT RESPONSIBLE.

Marked Lanes, NOT RESPONSIBLE, Negligent Operation, DISMISSED

January 11th 2016
Second Offense OUI- Liquor or .08%
Disorderly Conduct
Negligent Operation of a Motor Vehicle
Marked Lanes Violation
Client was stopped by police after hitting the fence of a police station. Police determined that the smell on his breath, unsteadiness and related factors were sufficient to arrest -assumption was correct. Client before had been drinking and was surprised to realize his level of intoxication was as high as it was. The biggest factor for client was accepting responsibility and getting a license back at the earliest possibility. Attorney Barabino and client were able to negotiate no jail time. Not responsible on Marked Lanes Violation. Negligent Operation Dismissed.
RESULT: Alternative No Jail Disposition, Marked Lanes, NOT RESPONSIBLE, Negligent Operation, DISMISSED.

OUI-Liquor, Negligent Operation, License Suspension, OUI SECOND OFFENSE REDUCED TO FIRST OFFENSE, CWOF WITH DISMISSAL AFTER ONE YEAR

April 30th 2014
2nd Offense OUI- Liquor or .08%
Negligent Operation of Motor Vehicle
Operating Motor Vehicle with Suspended License
According to police, client drove recklessly around state police who were assisting with road construction safety. According to police report, client weaved around the police and workers in such a way that it required them to jump out of the way of his vehicle. According to the state troopers' police narrative, the defendant’s eyes were bloodshot, his speech slurred, he failed the sobriety test, and he failed a Breathalyzer test. The client weighed his options with Attorney Barabino and in the end simply wanted to bring the matter to conclusion, to get a predictable result and obtain his license back as soon as possible. Following his client’s wishes, Attorney Barabino met with the District Attorney, who remained committed to recommending a suspended six-month jail sentence, a two-week inpatient detoxification program, and related programs. The judge listened intently and diligently to all sides and in the end agreed with Attorney Barabino for a 12 Month CWOF for the OUI Second Offense and to treat it as a First Offense instead. The judge gave the District Attorney what he sought on the Negligent Operation and License Suspension.
RESULT: OUI Second Offense Reduced to First Offense Deal, SECURED, Continued Without a Finding (CWOF) for a Period of One Year, with DISMISSAL After One Year.