People v. W.J. (Livingston Co., 10/18)

Mr. Corletta obtains misdemeanor disposition in serious Driving While Ability Impaired/Drugs case in rural Livingston County.

          In People v. W.J. (Livingston Co., 10/18), Mr. Corletta was faced with a situation where his client was involved in a serious motor vehicle accident with physical injuries.

          Mr. Corletta’s client had not only been drinking prior thereto, but had been using Marijuana. The client attempted to swallow the Marijuana while being treated by emergency medical personnel, who detected this and contacted police. The client was charged with Driving While Intoxicated, Felony Tampering with Physical Evidence, Unlawful Possession of Marijuana, and several traffic violations. A blood draw was obtained. However, there were problems obtaining the blood draw, and it occurred well outside the 2 hour limit prescribed by law.

          Mr. Corletta immediately recognized its probative value would be severely diminished, if not outright useless.

          Using this to his client's advantage, Mr. Corletta was able to obtain a misdemeanor disposition with probation, while preserving the client's ability to operate a motor vehicle for work purposes. Further, no vehicular assault charges were ever brought.

          The net result was to change the case from one that could have resulted in a state prison sentence to one that involved a misdemeanor plea with probation. The client also retained the ability to drive for employment. Given how the case started out, this was a highly favorable disposition. It emphasizes the need for familiarity by lawyers with the unique rules of evidence in Driving While Intoxicated cases.