How to Vacate a Guilty Plea

The New York traffic ticket system may be complicated to maneuver, especially if you are dealing with your first violation. There are numerous deadlines and requirements that must be met in order to avoid facing serious penalties and consequences like a license suspension or revocation. Even motorists who use their best efforts to figure out what they should do may often benefit from seeking legal counsel. Experienced Westchester County traffic ticket attorney Elisa Claro has helped many New York drivers vacate a guilty plea in a motor vehicle violation matter when appropriate.

You may be tempted to plead guilty and pay the fine when you receive a traffic ticket. This may have adverse consequences, like increased car insurance premiums and accrual of points to your driving record. Receiving 11 or more points on your record in an 18-month period will result in losing your ability to drive. Each infraction carries a different amount of points and the more serious the infraction, the more points the charge carries. Successfully contesting a traffic ticket means you will avoid paying a fine and receiving points on your driving record.

Even if you plead guilty to the ticket and submit a payment, all hope is not lost. You later may seek a court order that allows you to withdraw the guilty plea. This special proceeding is known as a Coram Nobis; when successful, it will restore the traffic ticket to active and the traffic ticket process starts form the beginning. This means that you may request a pre-trial conference to contest the ticket.

There are several grounds that you may use to justify seeking a court order. For instance, a driver can show that they did not understand the severity of the consequences or their long-term impact or the court may allow you a second chance. For example, a motorist who drives for a living, like a delivery person or bus driver, may not have understood that pleading guilty to the charge would result in accrual of points and thereby jeopardize his or her ability to work.

If you plead guilty to a traffic ticket and want a second chance at fighting it, Westchester County traffic ticket lawyer Elisa Claro is here to assist you. At The Claro Law Firm, we have given motorists second chances to challenge a ticket, including people in Yonkers, White Plains, Peekskill, Rye, New Rochelle and Mount Vernon. We understand that not everyone is familiar with traffic ticket rules, which may be difficult to understand. We offer a free traffic consultation to help you learn about your rights and how our team may be able to assist you. Call us at 917-300-3334 or contact us online to set up your appointment with a traffic ticket or license restoration lawyer. We are ready to help you fight any type of motor vehicle violation, recognizing how much may be at stake.