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MR. CORLETTA OBTAINS DISMISSAL OF REFUSAL PROCEDEDING FOR CLIENT WITH 2 DWIS

 

In a complicated matter where his client was charged with 2 separate Felony DWIs, Mr. Corletta obtained an outright dismissal of a DMV Refusal Proceeding, based upon insufficient evidence of operation, in People v. C.T. (DMV, 10/24/19).

In that case, the officer's report, admitted into evidence without cross-examination based upon a 1988 Court of Appeals precedent, was still shown to be facially insufficient by Mr. Corletta, resulting in dismissal.

This saved the client a $750.00 civil penalty, plus a year license revocation.

More importantly, it will not be counted against the client for purposes of New York’s DWI Regulations, which can result in the client being eligible for a Conditional License, despite the two Felony DWIs.

The client, going through a difficult personal time, was extremely grateful.

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