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Mr. Corletta obtains reduction for professional driver.

 

 

Once again, Mr. Corletta saved a client who was a professional driver, from disciplinary action by their employer in People v. K.D. (Ontario Co., 1/20)

In that case, the client was a “mobile mechanic” operating on company owned vehicles and traveling to multiple jobsites. The client’s employer had strict guidelines regarding traffic infractions. The client was charged with a 6-point speeding violation, which was considered a serious traffic infraction by their employer, possibly warranting disciplinary action. It did not matter that the infraction occurred while operating a personal vehicle, because the client's driving record is what is important./

Mr. Corletta promptly, as is necessary in these cases, reviewed the employer’s disciplinary guidelines, which can often be used in obtaining reductions from prosecutors, if there is a job consequence.

Mr. Corletta cited the client's clean driving record and possible disciplinary action by their employer. The prosecutor, who agreed to a substantial reduction, which would save the client from any disciplinary action. All the client had to do is take a defensive driving course, which they had to do anyway according to the employer guidelines, and pay a small fine.

Mr. Corletta’s prompt action kept the client in good standing with their employer.

Many employers who employ people who drive company owned vehicles have rules that are more strict than under prevailing state law regarding traffic infractions, even if not obtained while on company business or in company vehicles. This is primarily for insurance-related reasons. Employees who have bad driving records increase their employer’s insurance costs. It is important that lawyers representing people in traffic cases are cognizant of this

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