People v. C.T. (Roch. City Ct., 7/19)
MR. CORLETTA OBTAINS CONDITIONAL LICENSE FOR CLIENT IN VIRTUALLY IMPOSSIBLE SITUATION.
What to do when your client is arrested for 2 Felony DWI charges within 2 weeks of one another, and before even being arraigned on the first charge, which is also a refusal?
Quickly and correctly analyzing the facts, Mr. Corletta realized the client would not be eligible for any Conditional License unless the client prevailed at the so-called “DMV Refusal Hearing”. Therefore, Mr. Corletta attacked that proceeding with vigor, and was able to obtain a dismissal.
Then, in the 2nd case, Mr. Corletta applied for a Hardship License for his client, who was now eligible for such a license, which was granted without opposition, and subsequently converted into a Conditional License.
The client was amazed. Facing 2 Felony Driving While Intoxicated charges, the client assumed there was no way they would be able to continue driving to work and maintaining employment.
Instead, Mr. Corletta maintained the client's driving privileges, who continue to go to work to this date, and now has an opportunity to obtain Conditional Driving Privileges in the future, based upon how Mr. Corletta is handling the interplay between the 2 charges.