Highlighting Thomas Corletta’s 27^th consecutive dismissal, reduction or acquittal in a contested case, this week’s case successes show Mr. Corletta’s unyielding commitment to justice for his clients.

            Do you need an experienced lawyer in the Rochester area? Call Thomas A. Corletta to protect your rights. Thomas A. Corletta specializes in DWI cases, bankruptcy, criminal defense and family law. Read the following case reviews, visit his website, or give the office a call at 585-546-5072 for any additional information.

People v. B.K. (Department of Motor Vehicles, 11/14/16)

Mr. Corletta prevailed for the 27th straight time in a contested matter by getting a DMV Refusal Proceeding dismissed in its entirety in People v. B.K. (Department of Motor Vehicles, 11/14/16).

          Mr. Corletta’s client was charged with Driving While Intoxicated and Refusing to Submit to a Breath Test.

          The case involved very difficult facts, with the client fighting with police and being shot with a taser gun. However, Mr. Corletta used these facts to his advantage by arguing use of the taser was unnecessary and it negated his client's ability to understand the Refusal Warnings.

          Moreover, and remarkably, the officer came unprepared to the Refusal Hearing. He did not produce the Report of Refusal, a fundamental document required at any Refusal Hearing, which documents the refusal and language of the Refusal Warnings, which are required. As a result, he was unable to testify as to exactly when the client refused, and more importantly, was unable to testify he read the Refusal Warnings to the client in clear and unequivocal language, as required by statute.

          The Administrative Law Judge became impatient with the officer's lack of preparation. Before Mr. Corletta cross-examined him, he asked Mr. Corletta if he had any applications. Mr. Corletta, sensing what the Administrative Law Judge was looking for, promptly made a Motion to Dismiss the entire proceeding on grounds the officer failed to testify he had read Refusal Warnings to the client in clear and unequivocal language.

          The Administrative Law Judge granted the Motion, dismissed the proceeding, and restored the client's license.

          This shows that no matter how discouraging the facts, it is necessary to play it out, as one never knows what is going to happen. In DWI cases, it is necessary to quickly recognize the defect and apply the applicable law when the issue arises. Mr. Corletta did exactly that, and as a result, his client is driving again.