Rochester, New York
16 W Main Street, Suite 204
Rochester, NY 14614
(585) 546-5072
With 34 years of legal victories under his belt and countless satisfied clients behind him, Thomas A. Corletta, Attorney & Counselor at Law comes highly recommended.

Case Review: People v. E.A. October 9, 2018

Rochester, Monroe
Case Review: People v. E.A., Rochester, New York

Mr. Corletta obtained an outright dismissal of a baseless alcohol-related charge in People v. E.A. (Greece Tn. Ct., 9/24/18).

    In that case, Mr. Corletta's client, a bartender at a popular local tavern, was approached by police cruising the parking lot at 2:30 P.M. while seated in their vehicle.

    The vehicle was not moving. The client was texting a friend while the vehicle was stationary in the parking lot. The officer approached and inquired what the client was doing. The client responded they were texting a friend. The officer claimed he “smelled alcohol” and demanded that client submit to a Preliminary Breath Test designed to determine the presence of alcohol, even though the client was merely sitting in a parked vehicle. The client refused and was issued a citation for refusing to submit, which would count as an alcohol-related incident under New York State Regulations. 

    Reviewing the facts, Mr. Corletta immediately filed a Motion to Dismiss; noting the statute required commission of a traffic violation or accident before such a request could be made and, neither occurred in this case.  Essentially, the police approached the client's vehicle and demanded a breath test without any legal or statutory basis to do so.

    The Prosecutor, knowing Mr. Corletta was correct on the law, did not oppose the Motion. The charge was dismissed without opposition, thereby resulting in a substantial benefit to the client. Many would have simply pled guilty and later may have suffered unforeseen consequences due to subsequent changes in the law. For this client, a professional, it was best not to have something like this on their driving record.
 

Other Announcements, Events and Deals from Thomas A. Corletta, Attorney at Law
People v. D.K. (Potter Tn. Ct., 1/11/2019), Rochester, New York
Mr. Corletta scored still another impressive victory, this time in rural, prosecution-oriented Yates County, in People v. D.K. (Potter Tn. Ct., 1/11/19). The difficulty of this case ...read more
T.W. v. W.R. (Family Ct., 2018), Rochester, New York
Many times, lawyers must take unpopular positions on behalf of their clients. However, lawyers are required to advocate legal positions, not moral positions. Mr. Corletta had to educ...read more
People v. P. E. (Bkpt. Village Ct., 11/18)., Rochester, New York
Mr. Corletta achieves suppression of high BAC Chemical Test Result.   In a unique argument based upon current case law from the state’s highest Court, Mr. Corletta achieved s...read more
People v. S.P. (Ont. Co. Ct., 10/28), Rochester, New York
Through sheer persistence, Mr. Corletta achieved a rare disposition in prosecution-oriented Ontario County in People v. S.P. (Ont. Co. Ct., 11/18).       &...read more
Case Review: People v. S.B., Rochester, New York
People v. S.B. (Macedon Tn. Ct., 10/23/18)   Mr. Corletta obtained another favorable disposition for a so-called “Domestic Violence” client in People v. S.B. (Macedon Tn. Ct.,...read more