IN BAD CASE, MR. CORLETTA OBTAINS SUPPRESSION OF EVIDENCE OF REFUSAL

 Adopting his usual method of chiseling away at largely unfavorable proof, Mr. Corletta obtained suppression of his client's Refusal to Submit to a Chemical Test, in a DWI case, in People v. S.L. (Irondequoit Tn. Ct., 12/9/19).

          In that case, the client was stopped for driving over lane markings and almost immediately became uncooperative with the arresting officer, using profanity, and ultimately refusing to submit to a chemical test.

          At the Pre-Trial Hearing, Mr. Corletta attacked the basis for the stop. The Assistant District Attorney handling the hearing, believing they had an “open and shut case” due to the client's bad behavior and/or language, neglected to adduce from the officer proof of reading of the required DWI “Commissioner's Warnings”.

As a result, and because Mr. Corletta makes it a habit to contest every aspect of a DWI case, a damaging piece of evidence was suppressed, and cannot be used against the client at trial, greatly increasing the client’s chances for a reduction of the charges. This is just further evidence that sustained advocacy and attention to detail pays off, no matter what the facts are, and/or how adverse the situation is.