Thomas A. Corletta, Rochester’s successful DWI attorney, shares important case success from 2016. 

Need an experienced attorney and counselor at law? Thomas A. Corletta specializes in DWI cases, bankruptcy, criminal defense and family law. See his case review below and be sure to visit his website, or give the office a call at 585-546-5072 for any additional information.

People v. C.M. (Gates Tn. Ct., 3/31/16)

Mr. Corletta won a potentially life-changing victory for his young 18 year-old client in People v. C.M. (Gates Tn. Ct., 3/31/16). In that case, Mr. Corletta’s young client was charged with Driving While Intoxicated. However, inexplicably, the client blew a 0.00% on the breathalyzer, and also registered a 0.00% on a prescreening test at roadside.

Seizing on these facts and noting the accusatory instrument contained minimal indicia of alcohol consumption; Mr. Corletta immediately filed a Motion to Dismiss. Mr. Corletta suspected police thought his client had consumed drugs, but they failed to conduct the appropriate tests to confirm same, due to mistake or inexperience. Since the charge remained Driving While Intoxicated, the government was faced with a major contradiction; a 0.00% breathalyzer test and a claim of intoxication.

Mr. Corletta forced a voluntary dismissal of the charge, with his client pleading guilty only to a minor underlying traffic violation. By forcing this disposition, Mr. Corletta also prevented the government from charging his client with any other offense later on, based upon a correct analysis.

This saved his young client thousands of dollars in that the client was under 21 and would have faced numerous sanctions upon conviction for any type of alcohol-related offense, plus insurance ramifications, where the client would have been placed in the “risk pool”.

A conviction also would have compromised the client’s college eligibility and/or eligibility to enter military service.

By knowing the law and only dealing with the charge before the Court, Mr. Corletta gave the government no choice but to consent to dismissal, something that is unheard of in DWI cases.

Thomas A. Corletta, Attorney at Law, has built his reputation on providing highly effective representation to clients facing a variety of circumstances. When you need an attorney who will aggressively protect your rights, you can rely on him and his team to achieve the best possible outcome.