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 suppression of a .18% BAC Test result in People v. P. E. (Bkpt. Village Ct., 11/18).

In that case, despite seemingly overwhelming evidence of gross intoxication, Mr. Corletta pursued an aggressive defense, zeroing in on one particular issue; the adequacy of the chemical test refusal warnings after the client asked questions about what would occur if the test was refused.

Instead of simply reciting the “Commissioners” Warnings as required by VTL §1194(2), the officer took it upon himself to tell the client they would have to “go see the Judge” and that if they took the test, they could “go home tonight”.

Based upon that, the client naturally took the test, registering a high BAC, and resulting in an Aggravated Driving While Intoxicated charge.

Aggressively pursuing a line of questioning at the pre-trial probable cause hearing regarding what the officer told the client, Mr. Corletta confirmed these statements were made to the client over the objection of the District Attorney. He then argued, in an extensive Memorandum, that the officer was not free to vary from the standard Commissioners Warnings, and that any variance therefrom resulted in the test not being voluntarily submitted to, despite the presence of an implied consent law. In other words, the legislature has told the police what to tell motorists in such situations, and they, and by extension, the courts, are not free to deviate from it.

The District Attorney poo-pooed the argument as “meritless”, at least until the Court held the test would be suppressed, thereby removing a very important part of the People's proof, and improving Mr. Corletta’s chances of a reduction or acquittal.

This case again demonstrated a couple of key points in successful DWI defense, to select and identify the proper issues, and to persist in pursuing these issues, even in the face of seemingly overwhelming