Yes, there is a procedure to withdraw a guilty plea; it is called a motion for a “writ of coram nobis.” A coram nobis is a formal motion, in writing, requesting that the court set aside the guilty plea and reopen the case.
If you pleaded guilty to a traffic ticket and now wish that you had instead hired a lawyer to represent you, please call to discuss this option.
New York State Vehicle and Traffic Law section 1192 (8) addresses the affect of a previous out-of-state conviction on a current DWI charge in New York. In short, if the prior out-of-state conviction would have been a misdemeanor, felony, or DWAI had the crime occurred in New York, then that conviction could be used to enhance the current New York charge.
The enhancement can mean the difference between being charged with a felony, longer sentencing periods, higher fines, and denial of a driving license privilege just to name a few.
If you are currently charged with a DWI in New York and have...
The New York Department of Motor Vehicles (DMV) keeps track of NY driving records with a point system. Many traffic violations and all speeding ticket convictions have points associated with them. Points mean fees, revocation, suspension, and can cause increases in your insurance premiums. Our goal is to protect your record from points by a securing a dismissal or negotiating a plea bargain to a reduced charge with less or no points. Depending on your driving record and the circumstances of your case, reductions to no-point, non-moving violations are often possible. ...
Driver License Compact
New York State has entered in a Driver License Compact with several other states to:
Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or...
The Massachusetts Registry of Motor Vehicles shares (RMV) driving record information with other states. The RMV will record certain out of states convictions on your Massachusetts driving record as if they happened in Massachusetts.
Additionally, New York traffic convictions may cause your Massachusetts license to be suspended.
If you are licensed to drive in Massachusetts and have received a speeding or other traffic ticket in New York call (315) 364-1155 to speak to an attorney to help you minimize the impact of that ticket in NY and and at home.
Like New York and most states in the United States, Maryland is a member of the Driver's License Compact(“Compact”). Through this Compact the member states share information about driver convictions and suspensions with other member states. The Maryland MVA will therefore assess points on a Maryland record for certain out-of-state violations as identified in the Compact.
These violations are:
Alcohol or drug related offenses;
Leaving the scene of a personal injury accident;
Homicide or manslaughter involving a vehicle;
Use of a motor vehicle in the commission...
A New Jersey driver convicted of a moving violation in New York will acquire points on their New Jersey driving record.
New Jersey is a member the Driver License Compactand the Nonresident Violator Compact with a majority of other US states including New York. Through these agreements, the member states share information on all traffic violations. A driver licensed in NJ, convicted of a moving violation in New York, such as speeding, will receive 2 points on their New Jersey driving record.
Our goal is to minimize the affect of your New York traffic ticket both in New York and in...
The Child Passenger Protection Act known as Leandra’s Law amended the Vehicle and Traffic Law and the Penal Law to establish a new Class E felony related to driving while intoxicated with a child as a passenger. The law also requires that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices.
The law is named in memory of Leandra Rosado, an 11-year-old who was killed in a car accident in Manhattan in 2009.
The New Felony DWI Charges
First-time offenders charged with driving while intoxicated (.08 BAC or more) or with DWI...
DWI is a serious charge for all drivers but for drivers holding a Commercial Driver License (CDL)* it presents additional consequences and considerations.
CDL in Jeopardy Even When Driving Personal Vehicle
In the past, the only time a DWI conviction could affect a commercial driving license was if the driver was actually operating a commercial motor vehicle at the time of the offense. Nowadays, CDL holders should be aware that their CDL is in jeopardy whether driving a commercial motor vehicle or their personal car/truck, all-terrain vehicle, snowmobile, or boat.
The New York DMV may issue a restricted use licensed to a driver who qualifies for such a license after a revocation or suspension due to violations not related to alcohol or drugs. The DMV determines if you qualify under the law for the restricted use license and will notify you if you are eligible.
A restricted use license allows driving:
to the applicant's employment, business, trade, occupation or profession, or
to his travel to and from a class or course at an accredited school, college or university or at a state approved institution of vocational or technical training, or,...