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The following cases took place this week and represent Thomas A. Corletta, Attorney at Law’s 16th and 17th consecutive reduction/acquittal. Read through the case reviews here and contact Thomas A. Corletta for your legal needs. 

 

People v. L.N. (Roch. City Ct., 7/13/16)

Mr. Corletta achieved his 16th consecutive reduction, acquittal, or dismissal in People v. L.N. (Roch. City Ct., 7/13/16). In that case, the client, who was under the age of 21, was charged with 29 points worth of traffic violations, including driving 107 mph in a 55 mph zone; as well as Driving While Ability Impaired by Drugs and Unlawful Possession of Marijuana.

          Despite a seemingly impossible factual situation, as the arrest was made by an experienced State Trooper, Mr. Corletta quickly found defects in the case, i.e. that his client was initially tested only for alcohol intoxication and tested negative, including a 0.0% result on a breathalyzer, and only after that was charged with Driving While Ability Impaired by Drugs, seemingly as an alternative supported only by speculation.

          Mr. Corletta filed the appropriate motions, and based upon the facts, persuaded the District Attorney to reduce the charge to a mere traffic infraction; with a minimum sentence, thereby allowing his client to keep their license, and in addition keep the client off probation, as well as preventing a long-term license suspension, based upon the traffic violations alone.

          In short, Mr. Corletta gave his young client the ability to work and attend school, as opposed to being on probation, and not being able to drive at all. This was an highly favorable result, given the potential severity of the initial charges, and the allegations of extremely bad and or reckless driving. It also demonstrated Mr. Corletta’s knowledge of the law and his understanding that excessive point accumulations can result in just as long of a license suspension or revocation as impaired or intoxicated operation.

 

People v. B.F. (Greece Tn. Ct., 7/13/16)

Earning his 17th consecutive reduction, acquittal, or dismissal,  Mr. Corletta turned a case with potentially horrendous facts into a conviction for only a minor traffic violation in People v. B.F. (Greece Tn. Ct., 7/13/16). In that case, the client was charged with Driving While Intoxicated based upon a rear end collision where the vehicle the client was driving burst into flames.

          The police thought they had a “slam dunk” DWI conviction based upon the horrendous facts and the client's obvious intoxication. However, in their arrogance, they forgot, as they often do, to obtain the essential non-hearsay facts as to Mr. Corletta’s client’s operation of the vehicle from the civilian bystanders who witnessed the accident, including the driver of the car rear-ended by the client.

          Noticing this obvious defect and attacking the accusatory instrument through motion practice, Mr. Corletta brought the case to the brink of an outright dismissal. The alternative was dismissal for failure to provide facts that the client drove the car involved in the accident.    

          Forced into a corner, the People had to offer a reduction to a traffic violation with the minimal penalties, which the client then accepted.

          The case turned from one in which the client would have received a probable probation sentence, as the client had also had a previous case with a high BAC dismissed in the same Court, before the same Judge about 5 years ago, due to Mr. Corletta's efforts, into a case where his client will get his license back in approximately 6 months, and will have a Conditional License in the meantime, with no probation and no Ignition Interlock.

         Aggressiveness, hard work, and effort in evaluating the case without being distracted by bad facts, and instead judging it on the law, is what worked to this client's benefit, in preserving their ability to drive.

          What did the client have to say? He thanked Mr. Corletta repeatedly for his highly professional and “successful representation”, without making value judgments.

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