A motion to vacate a guilty plea is an application to a court to withdraw a previously entered plea of guilty to a particular charge. It is not uncommon for a motorist to plead guilty to a ticket without understanding the full ramifications of doing so, including points, additional driver responsibility assessments, suspensions and revocations. An example of such is when a guilty plea is entered to a third speed received in the same eighteen month period or by pleading guilty to a violation that causes a motorist’s point total to be eleven (11) points or greater. Accumulating 11 points in 18 months will cause a minimum thirty day license suspension and pleading guilty to a third speed in 18 months will cause a 6 month license revocation.
In such a situation, an 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 back on the Court’s docket. Typically, the motorist’s affidavit will state ignorance of sanctions and that had they been aware of the consequences of a guilty plea, they would have plead not guilty and tried to negotiate a reduction or proceeded to trial.
This firm has done hundreds of “vacates” in Westchester and surrounding counties over it’s twenty seven year history of Vehicle & Traffic Law defense. We have helped in restoring driving privileges to our clients in the following Westchester Courts: Bedford, Briarcliff Manor, Buchanan, Cortlandt, 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, 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: The Village of Brewster, Carmel, Cold Spring, Kent, Patterson, Phillipstown, Putnam Valley, and the town of Southeast.
In Dutchess County (19 miles north) the firm has been successful is such places as: Amenia, Beacon, Beekman, Clinton, Dover, East Fishkill, Fishkill, Hyde Park, La Grange, Milan, Northeast, Pawling Village, Pleasant Valley, Poughkeepsie City, Poughkeepsie Town, Stanford, Wappingers Falls and Washington.
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, and Nyack.
Local criminal courts in Columbia County that we work in include: Ancram, Austerlitz, Chatham, Claverack, Clermont, Copake, Ghent, Hudson, Kinderhook, Livingston, and Taghkanic.
Once the prepared “Order” encl;osed in the motion is signed by the presiding Justice, The Clerk of the Court will notify NYS DMV to vacate the conviction which will restore the motorist’s operating privileges, assuming there are no other suspensions, revocations or “holds” on motorist’s license.
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.
Assuming you are suspended or revoked, you may be eligible for a restricted use license during the suspension/revocation period, however, a motorist may only apply for such a license once every three years. A restricted use license allows travel to your place of work, school, if you are a matriculating student, childcare and medical/dental appointments for you and members of your family. It is important to note that being found guilty of any moving violation while on a restricted use license will cause a motorist to lose their restricted privileges. If your driving privileges are in jeopardy or have lost your restricted driving privileges due to a conviction for a moving violation, consider filing a motion to vacate to restore your driving privileges.
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 typically sympathize.
Call the office and relate the facts and we’ll give you an opinion. No charge, of course! Call us at 914-241-7963 or contact us online today.