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MR. CORLETTA ACHIEVES OUTRIGHT DISMISSAL OF 8 CHARGES IN ONTARIO COUNTY

Mr. Corletta achieved outright dismissal of no less than 8 charges, including Driving While Intoxicated, improperly levied in prosecution-oriented Ontario County, in People v.  C.M. (Manchester Tn. Ct., 11/20/19).

In that case, Mr. Corletta’s client, responding to a call from an intoxicated and hysterical friend at 3:00 A.M., rode their bicycle to the scene of a motor vehicle accident, where the friend had crashed their car, impaling it on the curb, blocking the roadway.

Mr. Corletta’s client, in order to assist the friend, and to prevent the friend from Driving While Intoxicated, freed the vehicle, and drove it a short distance to their house in a damaged condition, to get it out of the road. While doing so, the client was stopped by police, who noticed the damaged condition of the vehicle. The client was subsequently arrested for Driving While Intoxicated after being directed to perform Field Sobriety Tests. The friend was also charged with Driving While Intoxicated. Mr. Corletta’s client attempted to explain to deputies, who discounted the client’s story and arrested both individuals.

However, the deputies carelessly prepared the accusatory paperwork, and failed to supply relevant Supporting Depositions on the 7 traffic charges in a timely fashion. Mr. Corletta, quickly filing Motions to Dismiss, attacked the propriety of the arrest and failure of police to file appropriate Supporting Depositions.

Even on the Driving While Intoxicated charge, which did have a Supporting Deposition, there was no allegation Defendant was intoxicated.

Citing relevant caselaw, Mr. Corletta’s motion was granted without oral argument, over a befuddled District Attorney’s objection, who appeared not to have even read the motion or supervised preparation of the paperwork.

As a result, Mr. Corletta’s client achieved the proper result in this case, a result for which the client was extremely grateful.

Dismissals in prosecution-oriented Ontario County, with a high conviction rate, are indeed rare, but dismissal was warranted here.

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