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Mr. Corletta regains license for elderly client at Refusal Hearing.

 

Mr. Corletta was recently confronted with a third-time offender who was older and had severe medical problems in People v. Anonymous (Livingston County, 1/2020).

In that case, the client allegedly refused to submit to a chemical test at the client's home, after having been involved in a motor vehicle accident. Based upon the hearsay statements of civilians, the police traced the client at home.  The client had actually been taken home by one of the civilians.

Realizing evidence of operation relied upon the hearsay statements of civilians, Mr. Corletta insisted they appear at the Hearing. They did not, and therefore, evidence of operation could not be established. As a result, the elderly client’s license was restored. The license was needed to get to medical appointments, some of which were 50-60 miles away, in the City.

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