MR. CORLETTA SAVES COMMERICAL DRIVER’S LICENSE

Mr. Corletta, dealing with a difficult City Court Judge from a small county, who would not consent to a simple plea bargain preserving his client's license, turned it around on the Court in People v. S.P. (Batavia City Ct., 11/2019).

In that case, the client had a commercial driver license required to make a living, and could not incur any additional points. Mr. Corletta suggested parking violations on the 2 original charges, one a misdemeanor, and the other a 5 point “Portable Electronic Device” charge, with which Mr. Corletta has had prior good results, including a published New York State decision on the topic.

The District Attorney accepted Mr. Corletta’s suggestion, but the City Court Judge rejected it, requiring the matter be set down for trial. At trial, the People were not ready to present legally sufficient evidence with respect to any violation. Still reluctant to dismiss the matter, Mr. Corletta essentially placed the Court in a no win position, and plea bargained a 0 point parking violation for his client, thereby preserving the client’s license and ability to work.

Although the Judge was reluctant to accept the plea, he had no choice as the matter was scheduled for trial, and the alternative was a motion for dismissal. The client was extremely grateful for Mr. Corletta’s hard work. This disposition took 2 Court appearances in a distant Court 50 miles from Mr. Corletta’s office. This was just another example of Mr. Corletta being willing to go the extra mile for his clients.