Motions to Vacate
A motion to vacate a guilty plea is an application to the court to withdraw a previously entered plea of guilty to a particular charge. Clients inadvertently plead guilty to certain offenses which subsequently generate suspensions or revocations of their driving privileges. Examples of such incidents are cases wherein a guilty plea is entered to a third speed received in the same eighteen month period or by pleading guilty to a violation that caused a motorist’s point total for offenses received (within eighteen months) to be eleven (11) points or greater thus causing a minimum thirty day suspension of one’s operating privileges.
In these situations the attorney, upon notice to the prosecutor, petitions the court to allow the motorist to withdraw his/her previously entered guilty plea and place the matter on the trial calendar. Typically, the motorist’s affidavit will state ignorance of sanctions.
Most often, the motorists mails in a Guilty plea upon receipt, totally unaware of DMV sanctions. Sanctions are severe! The revocation period imposed for suffering three speeding convictions, (all tickets issued within the same eighteen month period) is six (6) months. You may be eligible for a restricted use (work, school, childcare, medical) license during this period. Eligibility is limited to once every three years. One guilty plea or finding of any traffic violation issued to a restricted license (including “0″ points adult seat belts and cell phones) revokes the license. Hence, the consideration of a “Motion to Vacate”!
This firm has done hundreds of “vacates” in Westchester and surrounding counties over it’s sixteen year history of Vehicle & Traffic Law. We have helped in restoring driving privileges to our clients in the following Westchester Courts: Bedford, Briarcliff Manor, Buchanan, Cortlandt Manor, Croton on Hudson, Dobbs Ferry, Elmsford, Harrison, Hastings on Hudson, Mount Kisco, Mount Pleasant, New Rochelle, Peekskill, White Plains, Somers, Lewisboro, Greenburgh, New Castle (Chappaqua), North Castle (Armonk), North Salem, Ossining Town, Ossining Village, Pleasantville, Rye City, Rye Town, Scarsdale, Sleepy Hollow, Tarrytown, Yonkers, and Yorktown.
In Putnam County (8 miles north of our Westchester office) the firm has been successful in: Carmel, Cold Spring, Kent, Patterson, Phillipstown, Putnam Valley, and the town of Southeast.
In Dutchess County (19 miles north) the following Courts are receptive to these types of applications: Amenia, Beacon, Beekman, Clinton, Dover, East Fishkill, Fishkill, Hyde Park, La Grange, Milan, Millbrook, Millerton, Pawling Village, Pleasant Valley, Poughkeepsie City, Poughkeepsie Town, Stanfordville, and Wappingers Falls.
The firm can also present these Motions to the following Rockland County Courts; Clarkstown, Grandview on Hudson, Haverstraw, Orangetown, Ramapo, Sloatsburg, Spring Valley, Stony Point, South Nyack, and Nyack.
Local criminal courts in Columbia County that entertain “Motions to Vacate” include Ancram, Austerlitz, Chatham, Claverack, Clermont, Copake, Ghent, Hudson, Kinderhook, Livingston, and Taghkanic.
Once the prepared “Order” is signed by the presiding Justice, The Clerk of the Court will notify DMV’s Driver Improvement Section to vacate the conviction and restore the client’s operating privileges. This assumes there are no other suspensions, revocations or “holds” on applicant’s license.
Now, lets get practical. If you were clocked at one hundred (100) mph in a 55 zone and the Trooper cut you a break and let you plead to 60/55, don’t bother. You may want however, to consider the circumstances surrounding the first two speeding convictions.
While there is no guarantee that such an application will be successful, if you find yourself off the road because of an uninformed Guilty plea, the law permits you to petition the Court for reconsideration.
Lets face it, for most of us, our license is our livelihood. The Courts, Clerks, and Cops are all working people who understand the plight of the suspended motorist and sympathize.
Call the office and relate the facts and we’ll give you an opinion. No charge, of course! Call us at 1-800-HAROLDDEE (1-800-427-6533) or contact us online today.
Call us for a FREE Consultation 1- 800-Harold Dee (800.427.6533) or call local (914.241.7963)