People v. S.P. (Ontario Co. Ct., 9/12)

MR. CORLETTA ACHIEVES RARE CONDITIONAL LICENSE ON FELONY CHARGE IN RURAL COUNTY.

In People v. S.P. (Ontario Co. Ct., 9/12), the client was charged with Felony Driving While Ability Impaired by Drugs.

Utilizing his expertise in these difficult cases, and questioning the People's ability to prove drug impairment, Mr. Corletta achieved a rare favorable plea bargain, a reduction to misdemeanor Driving While Ability Impaired by Drugs, a Conditional License for his client, and a shorter term of probation than usual.

Mr. Corletta did this with a combination of advocacy and by demonstrating his client successfully completed drug treatment, as well as having an exemplary work and education record. However, to achieve this rather difficult disposition, this case was pending for nearly 2 years. Mr. Corletta stuck with it, encouraged the client to stick with it, and in the end, achieved a result enabling the client to maintain both employment and schooling in order to enhance income and advancement at work. A difficult but rewarding outcome achieved through a mixture of plea bargaining and advocacy.

Further unusual was that Mr. Corletta was able to maintain his client’s driving privileges throughout the pendency of the matter, and obtain a Conditional License for his client, even after sentencing. This is something most rural probation department vigorously oppose. Mr. Corletta has often pointed out the unfairness of such a position, given the lack of public transportation in rural areas, making a car a virtual necessity.