MR. CORLETTA QUESTIONS USE OF POLICE RESTRAINTS IN DWI CASE

Applying what he learned about the use of physical restraints by police in cases where it is unnecessary or excessive, Mr. Corletta questioned their use in a DWI case in People v. C.L. (Rochester City Ct., 9/20).

          Appearing before a judge notorious for “tough” treatment of DWI Defendants, Mr. Corletta questioned the admissibility of a blood draw with a high BAC based upon the fact his client was unable to consent because they were unnecessarily restrained on a backboard due to an unrelated mental health issue.

          Highlighting that the client's ability to consent to a blood draw was questionable based upon their agitated mental state and being strapped to a backboard, Mr. Corletta hammered home the point that the blood draw may have been involuntary, warranting a Hearing which will delve into police practices on that highly controversial issue, as well as the facts and circumstances of this case.

          In other words, there doesn’t have to be a homicide in order for this issue to be reviewed. It happens frequently in “ordinary” criminal law practice, something the public is often unaware of.