In this case, Mr. Corletta obtained a not guilty verdict on all charges, including the lesser included offense of Driving While Ability Impaired, at a trial resulting from a stop at a “Sobriety Checkpoint.” Mr. Corletta showed that police observed no erratic operation by Defendant at the checkpoint, and was only stopped as a result of the checkpoint. As a result, they were unable to prove Defendant was unable to safely operate his vehicle; either as a reasonable and prudent driver, or that Defendant’s ability to operate was diminished, even to the slightest extent. As a result, the client was convicted of no alcohol-related charges at all and received a complete not guilty verdict.
Needless to say, both clients were ecstatic with the results Mr. Corletta obtained for them. Not guilty verdicts are rare in DWI cases, and dismissals of Indictments against prior offenders even rarer. In that case the client was also on probation, so the dismissal also resulted in avoidance of a probation violation.