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Mr. Corletta obtains reduction for future professional.

Sometimes young people make mistakes that unless handled properly, can jeopardize a promising career. Such was the case in People v. Anonymous (Rochester City Ct., 1/2020).

          In that case, Mr. Corletta’s young client was charged with 2 Counts of Driving While Intoxicated and 3 separate traffic violations, totaling 10 points, as a result of drinking at a summertime festival.

          The client otherwise had an impeccable history as a college graduate, star athlete, and post-graduate professional student, while working full time in a job where the client helped others. A DWI conviction would have seriously jeopardized the client’s future employment aspirations, and in fact, jeopardized even present employment.

          Analyzing the matter, Mr. Corletta quickly went on the attack by obtaining discovery, filing all appropriate motions, and conducting a Probable Cause Hearing, which while not resulting in suppression of any major evidence, produced a significant transcript that could be used to impeach the arresting Trooper at trial.

          Reviewing the facts and circumstances following the Hearing, Mr. Corletta deemed the case appropriate to approach the DWI Bureau of the Monroe County District Attorney’s office, in order to outline the client's circumstances and request a reduction.          Mr. Corletta did so, outlining the circumstances in a 3-page letter.

          The People agreed with Mr. Corletta’s arguments and offered a reduction to the single alcohol-related traffic infraction of Driving While Ability Impaired (VTL §1192(1)), in full satisfaction of all original charges, including the 3 underlying traffic violations, which could have resulted in significant additional action against the client’s license.

          This disposition avoided a criminal conviction, Ignition Interlock, and substantial insurance increases (with respect to the 10 points that were avoided, as well as the DWI conviction). Most importantly, it preserved the client's clean record, as Driving While Ability Impaired is only a traffic infraction.

          The client received the minimum statutory sentence, and is in the process of performing same. The sentence will likely give the client further insight into the dangers of drinking and driving, and in the long run, will help the client.

          Sometimes, the best way to achieve a favorable result is not through heavy litigation,  but through advocacy and pointing out the favorable aspects of a client’s background and history. The trick is to determine wherein such an approach will be listened to by authorities. It is not for every case, but must be exercised with discretion. Mr. Corletta, through years of experience, knows when to use such an approach.

 

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