MR. CORLETTA ACHIEVES DISMISSAL OF DWI CHARGES ALLEGING .25% BAC

Mr. Corletta again showed it is not the alleged BAC or its amount over the legal limit that is important, it is the issues in the case.

In a case many lawyers would have thrown up their hands and quit on, Mr. Corletta’s client, originally facing 7 separate charges, including 3 Counts of DWI, was only convicted of one of the original charges, plus the reduced traffic infraction of Driving While Ability Impaired, in People v. V.J. (Roch. City Ct., 11/19). The client was not convicted of any of the DWI charges, and the alleged 25% breath test, over three times the legal limit, was never admitted into evidence, due to errors by the prosecution that Mr. Corletta used to keep the test out.

The case took nearly a year to resolve, and was the last Driving While Intoxicated TRIAL heard before a well-known Rochester City Court Judge’s retirement. The Judge was an expert in Driving While Intoxicated cases, and the author of numerous opinions on the subject, and had nearly 50 years’ experience in the litigation of DWI cases.

Mr. Corletta picked apart a case that was littered with errors by the District Attorney.

There were numerous problems with the Accusatory Instrument, which led to exclusion of the breath test after multiple motions by Mr. Corletta. Stripped of the breath test, the “common law” testimony was insufficient to sustain a conviction for Driving While Intoxicated. Mr. Corletta also picked apart the HGN testimony, as well as testimony regarding the other Field Sobriety Tests, and raised numerous issues regarding Defendant’s ability to perform these tests, as Defendant had a physical disability.

Mr. Corletta further demonstrated his client's driving behavior did not rise to the level necessary for a Driving While Intoxicated conviction, getting all of the traffic-related charges dismissed, except an Inadequate Headlights charge, for which there was no fine and no points.

As a result of one year of litigation, several motions, a full Probable Cause Hearing and a trial, Mr. Corletta’s client received minimal punishment, convictions for 2 traffic infractions, payment of a minor surcharge, and a Conditional Discharge, requiring the client to attend an Impaired Driver Program, which is educational. The People's original “offer” was a combination of probation and jail.

Given where the client started, and where the client ended, this was an outstanding result, which allowed the client to move forward with their life, as well as learn something in the process, thanks to Mr. Corletta’s advice and advocacy.