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Mr. Corletta, unlike other local DWI defense attorneys, obtained another favorable result in highly prosecution-oriented Ontario County in People v. C.P. (Farmington Tn. Ct.,11/28/17).

In that case, Mr. Corletta’s client was an out-of-state resident arrested in Ontario County while visiting a family member.

Mr. Corletta got the client’s appearance waived for most of the Court appearances, until the Trial. Mr. Corletta, carefully examining all discovery documents in the case, noticed a defect in the breath test device calibration documents under New York State Regulations, and made a Pre-Trial Motion to Exclude the test results, which the Court indicated it would have granted by giving the test no weight. This effectively removed the test result, which was over the legal limit, from the trial evidence.

Left only with relatively weak common law proof, with no erratic operation, as the client was stopped for a minor equipment violation, the prosecution consented to a plea to a lesser included traffic violation. The client received the minimum fine and short term suspension of their driving privileges in New York State, with no corresponding loss of the out of state license.

The client was not returning to New York State in the near future. This was a highly favorable result for the client, who travels all over the country for purposes of employment, and needs to utilize rental car transportation, which requires a license.

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