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NY Traffic Defense Articles and FAQs

Traffic FAQ

 

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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.
 


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For you, it is just hiring us by paying the legal fee, sending the ticket, and then paying any fine imposed by the court. For most traffic tickets, your appearance in court is not required.  Here is an outline of the process so you know what to expect.

 


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The New York Department of Motor Vehicles (DMV) keeps track of your driving record with a point system.  Many traffic vioaltions and all speeding ticket convictions have points associated with them. Points mean fees, revocation, suspension, and adversely affects 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.


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What is the impact of a NY traffic conviction for an Out-of-State driver?

 Precisely how another state will react to a New York conviction is difficult to say but there is a good chance there will be consequences in the driver’s home state if that state is a member of the Driver Licence Compact.

New York State has entered in a Driver License Compact with several other states to:

(1) 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.....


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It's when the Court delays hearing your case.  In most cases, we adjourn the court date listed on your ticket to give us the chance to meet with the prosecutor.

Clients are often concerned about the court date on the ticket but if you hire us you can ignore it.  We will adjourn the case or handle it before that date.


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No. In Onondaga County and most other counties in Upstate and Central New York, we will appear from you. You will not have to go to court at all.  We can handle most all traffic infractions by mail, email, and fax.


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AUO stands for Aggravated Unlicensed Operation.  An AUO is a misdemeanor, and therefore a crime under New York law.


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