» Suspended License

License Suspended, Subsequent Offense, REDUCED

June 27th 2018
License Suspended, Operation Motor Vehicle, Subsequent Offense
Client was a hardworking father who was in a traffic accident. Upon police inquiry, they determined that his license was suspended. In fact, he had been convicted of the offense before. As a result, the police officer properly charged client with driving on a suspended license, subsequent offense. After several hearing and courts dates, a trial was scheduled, and at the trial date Attorney Barabino was able to obtain an agreement with the District Attorney to reduce the subsequent offender portion of the charge and make a deal for short probation, no conditions of the lesser included offense only.

License Suspension Violation, NOT GUILTY, NO JAIL TIME

August 11th 2014
License Suspended, Operating Motor Vehicle
Client had been charged with operating with a suspended license for OUI. The distinction between License Suspended for OUI and Licensed Suspended is significant. Driving with a suspended license for OUI has mandatory jail term of at least 60 days. Attorney Barabino made the distinction in the law clear to the judge. Although the judge did not send client to jail, he declined to enter proper verdict. The proper verdict was not guilty. After providing client with appellate counsel, the case was brought back to the court and his record amended to the lesser-included offense. In the end, defendant not guilty of the original charge.
RESULT: NOT GUILTY of the original charge, Docket Amended, NO JAIL TIME.


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.

Civil Offenses, License Suspended, Leave Scene of Property Damage, ALL CRIMINAL AND CIVIL CHARGES DISMISSED

December 13th 2012
Yield at Intersection, Fail Chapter 89 Section 8
License Suspended, Operating Motor Vehicle with c90 §23
Leave Scene of Property Damage Chapter 90, Section 24 (2)(a)
Use of Motor Vehicle Without Authority Chapter 90, Section 24 (2)(a)
Client was a heavy machinery operator who was charged with multiple criminal and civil driving offenses. According to police, client drove into another vehicle and both motor vehicles were destroyed. Client had a suspended license for drinking and driving and had been charged prior to the incident in question. A guilty conviction after trial would have almost certainly meant jail time. The entire case hinged on an obvious identification flaw, and the Commonwealth admitted that flaw at the day of trial. As a result, they offered to dismiss nearly all the charges if client would admit to a lenient penalty on one of the charges. Client stood fast and refused the generous offer. In the end, the Commonwealth simply dismissed the entire case.