I need a letter to reopen a traffic offense case

Asked about 3 years ago - Denver, CO

After going to court several times on the final court date the judge said that i either have my drivers license or i plea guilty traffic offense.the only thing i was waiting for was a letter from the DMV to issuse a clearance on my drivers license. on exactly that date the clearence was issued was my court date, therefore since i did not have my actual drivers license i had to enter a plea of guilty. since i had the clearance on the date of the my court date i would like to reopen the case and i need help with a letter

Attorney answers (2)

  1. Mark Patchin Miller

    Contributor Level 11

    Answered . It is more complicated than just writing a letter. From you description of your situation you will need to submit and file a legal Motion with the court requesting that the pleas of guilty be vacated. There isn't a guarantee that the court will grant your motion. It depends upon how long ago you entered your plea, the judge's questions and your response before accepting your plea and the position of the prosecutor. You need to take action as soon as possible. The longer you wait the more unlikely it is that your motion will be granted.

    Responses to questions on AVVO does not create an attorney/client relationship. Colorado requires that the... more
  2. V. Iyer

    Contributor Level 15

    Answered . Mr. Miller is right. You should have told the Judge of the fact that you are still awaiting the DMV clearance letter. If you had a competent attorney he or she would have convinced the DA to agree to another short continuance. Once you got the DMV letter and the license a day or two later you should have gone back to the Judge and asked that you be allowed to withdraw your prior day's plea. This is what happens when you fail to hire a competent traffic attorney to help you. It is a classic case of penny wise and pound foolish. (I hate to say that but is applicable in this case). Now you will have to file appropriate Motions to withdraw plea or post conviction relief which are complicated and difficult to obtain. Remember, you do not have an absolute constituional right to file a Motion to Withdraw plea if that plea was knowing, intelligent and voluntary. A competent attorney would have been able to get you the additional time you needed. Now it is entirely up to the Judge and Judges are already over burdened with a heavy case load and do not look too kindly to granting Motion to Withdraw Plea except if it is absolutely necessary to protect your constitutional rghts. It is a high standard to meet.

    You cannot really reopen a closed case but can file a Motion to Withdraw plea which may reopen the case if the court grants the Motion.

    There are too many facts missing and time is of the essence in getting appropriate relief in the grant of the Motion to Withdraw Plea.

    Best of Luck

    Next time I do hope you will be sensible and hire a competent Traffic Defense attorney who is expereinced in defending cases like yours.

    I regret the "harsh" words but please take it as a lesson for the future. Hiring a competent traffic attorney is a good investment to protect your driving privileges and the difficulties encountered without a valid license. I say these words because there are just too many people like you who fail to think ahead and invest in their own future. Good and Competen Traffic t Attorneys are trained and experienced and know how and what to say to the DA and the Judge to get you the additional time so you could get your license. You pay the attorney for that skill and knowledge. Skill and knowledge is like any asset . It takes a lot of investment in time and money to get what a good, competent traffic attorney has and offers as a service. Like any service you just got to learn and prepare to pay for.

    This web site was created by this law firm so that you could learn more about the legal services that Iyer Law... more

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