Matter of Anonymous (NYS DMV, 8/21/18)

Mr. Corletta utilized his knowledge of the law to obtain an outright dismissal of a breath test refusal proceeding in the Department of Motor Vehicles in Matter of Anonymous (NYS DMV, 8/21/18). In that case, there was a failure by police to appear. It was a 2 officer stop-and-arrest.

    The Administrative Law Judge was still entitled to accept the so-called “Report of Refusal”, prepared by the arresting officer, pursuant to a 1988 New York State Court of Appeals Decision.

    Mr. Corletta was prepared, and made objections to the information contained in the report as being legally insufficient and based upon hearsay. 

    Mr. Corletta argued the report was conclusory. Since the officer who stopped his client failed to appear, there were no additional facts to justify the stop. The DMV Judge agreed and dismissed the proceeding.

    The result was to save his client a so-called “alcohol-related” incident on their driving record, which in this case, would have resulted in a 5 year license revocation. Therefore, the conduct of this relatively brief hearing, which many lawyers do not bother to attack, had great legal significance under New York’s new regulations. 

    In addition, Mr. Corletta saved his client $750.00 in mandatory civil penalties, plus an additional Driver Responsibility Assessment of $250.00 a year for three years. Therefore, in a 10 minute “default proceeding”, Mr. Corletta’s careful representation of his client resulted in significant monetary savings; but more importantly, avoided catastrophic license consequences.

    If police do not see fit to appear at a license revocation proceeding, motorists should not have to sustain severe collateral punishment due to relaxed administrative rules in DWI cases. But, lawyers must know the law, as there are few “safe harbors” for accused motorists.