MR. CORLETTA GETS ANOTHER REDUCTION DESPITE PRIORS, ACCIDENT, & BAD FACTS
In some cases, one must simply persevere. In People v. WM (Roch. City Ct., 10/20), Mr. Corletta did just that in again assisting a client on a fourth DWI arrest.
Facing not only a long-term license revocation under strict New York State regulations, but also a possible jail sentence, Mr. Corletta filed every conceivable Motion and contested the matter all the way, despite a relatively serious motor vehicle accident primarily caused by inattention/distraction.
The client was a longstanding client with a good job and family, who had battled long-term sporadic alcohol abuse over 25 years. Mr. Corletta was involved with the case from the beginning, when the client called him from the scene of the accident.
Mr. Corletta spoke with the arresting officer and instructed his client not to take a chemical test, and subsequently retained the client's license for several months, by contesting the basis for refusal. He also limited the arresting officer’s contact with his client and his ability to gather evidence by instructing him not to speak with the client.
Then at trial, Mr. Corletta attacked the officer’s opinion of intoxication, blaming the accident on distraction and the client’s demeanor on the severity of the accident, thereby questioning the validity of the Field Sobriety Test and their administration under these circumstances.
Mr. Corletta was able to obtain a reduction to the lesser included infraction of Driving While Ability Impaired, thereby saving his client long-term loss of license and imposition of Ignition Interlock on their vehicle. The client, a long-term client of Mr. Corletta on several matters, was once again extremely grateful for Mr. Corletta’s advocacy, when many lawyers would have thrown up their hands and advised the client to plead guilty.