Share:

Mr. Corletta helped a foreign exchange student obtain dismissal of 3 traffic charges in People v. Anonymous (Henrietta Tn. Ct., 4/26/18).

 

          In that case, one of the charges was that the client was operating without a license. However, the client had a Chinese driver license and was attending a local college, something quite common.

 

          Researching the Vehicle and Traffic Law, Mr. Corletta found an obscure provision permitting the holder of a foreign driver license to drive in New York State, provided they obey all traffic laws within the state, and their foreign license is valid. This, for example, is how Canadians operate a motor vehicle in New York. It is also analogous to people from other states driving in New York. Mr. Corletta informed the District Attorney of this provision, and further requested a Supporting Deposition from the Sheriff’s Deputy, who was obviously unfamiliar with the law he is charged to enforce.

 

          Citing precedent that does not allow police to make unreasonable mistakes of law, and further noting no Supporting Deposition was provided, Mr. Corletta moved for outright dismissal of all 3 traffic charges, which was granted, thereby saving his client, who did not have a lot of money, a hefty fine and potential points on their license. The client was quite grateful for Mr. Corletta’s assistance, as they were not familiar with the American Court 

tracking