» Somerville District Court

DWI First Offender

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

First Offense OUI, DISMISSED After One Year of Probation, Civil Violation NOT RESPONSIBLE.

December 28th 2017
1st 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.

First Offense OUI, DISMISSED AFTER ONE YEAR PROBATION AND PROGRAM

August 16th 2017
1st 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. Defense made several challenges to admission of evidence of the Commonwealth via 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.

Mutual Combat, CHARGE DISMISSED

April 3rd 2017
Assault and Battery
Client was hard working contractor. He was charged with assaulting and battering his houseguest. Charges were filed against both parties as even the police believed “mutual combat” had taken place. In the end, prior to starting the trial, the accuser failed to appear—resulting in a dismissal of the charge. Case dismissed.
RESULT: CHARGE DISMISSED AT DAY OF TRIAL.

Shoplifting, NO COMPLAINT TO ISSUE

October 3rd 2016
Shoplifting by Asportation
Client took items that did not belong to her. To summarize, the acts that she committed were sufficient for a charge and conviction of shoplifting. However, the clerk magistrate hearing process in Massachusetts allows for representation by an attorney at the hearing. In this case, Attorney Barabino was selected. He went to the scene of the incident, conducted a detailed review with client on her background, and had a discussion with the storeowner. After the hearing—no issue processed. Client free to leave with no evidence of any charge ever being filed. No Charges Issue.
RESULT: NO COMPLAINT TO ISSUE

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.

Failure to Register, CONDITIONAL DISMISSAL

June 24th 2015
Failure to Register as a Sex Offender
Client made several mistakes nearly ten years prior. Those mistakes led him to be listed as a sex offender, with all the requirements of registration. He had several children and was a law abiding person working many hours to maintain stability for his family. According to police, he made mistakes on his registration and was charged with failure to register as a sex offender. The investigation into defendant was very sophisticated and intensive. The police tracked the defendant to locations outside of his hometown and took photographs. Police applied for an received a search warrant for a GPS tracking device for his motor vehicle. Police also installed a hidden motion detector on a telephone pole at a fixed location, among conducting other investigative techniques. They also secured an videotaped admission from the defendant. After an exhaustive review of the thousands of pieces of evidence, Attorney Barabino filed a motion to suppress, with a lengthy memorandum of law. On that day, prior to the hearing, the judge, who would also allow defendant to admit to the allegation, took an agreed tender that if defendant stays out of legal trouble for about a year and one half, the charge would be dismissed. This disposition is called a Continued Without a Finding or “CWOF”. The probation is administrative, so client does not have to appear at the probation department.
RESULT: Motion to Dismiss, FILED, PLEA Entered and if Abides by Probation Terms Case will be DISMISSED.