People v. M.K (Greece Tn. Ct., 8/8/18)

Recognizing that the elements of Leaving the Scene of a Property Damage Accident are seldom properly pled in an Accusatory Instrument, Mr. Corletta turned what was seemingly a hopeless situation, into an outright dismissal in People v. M.K. (Greece Tn. Ct., 8/8/18). Moreover, he did it without opposition from the Prosecution.

          In that case, Mr. Corletta’s client left a well known local restaurant and while backing out of a parking space, hit the building. The client then left the scene. The client was allegedly observed by several bystanders who got the license plate number and called the police. The client went home, and the police arrived shortly thereafter, and issued the client a ticket for Leaving the Scene of a Property Damage Accident, allegedly observing damage on the client's vehicle.

          The problem was the police Accusatory Instrument failed to name the sources of the information that the client hit the building, as the officer obviously did not see it. Moreover, the officer failed to describe the damage to the client's vehicle in the Accusatory Instrument. In other words, the Accusatory Instrument was based upon anonymous hearsay and conclusory allegations, and therefore, failed to provide the client with proper notice of the basis for the charge.

          Mr. Corletta promptly filed a Motion to Dismiss which was unopposed by the prosecutor. As a result, the client, an older professional person, escaped embarrassment, and greatly increased insurance rates, as well as points on their license.