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I was charged with a DUI in NYS, the Judge vacated my conviction after I completed a drunk driving program. Still suspended?

Brooklyn, NY |

My drivers license was suspended when I was charged with a DUI, and failure to use a signal, in NYS. The judge allowed me to complete a drunk drivers program to avoid the DUI. Eventually the DUI was vacated and my certificate of disposition only show the unsafe lane change. On my DMV records the suspension is still shown and I'm still being charge the driver responsibility fee. I've spoke to the DMV and they want an order from the criminal court in Kings County. I've been calling the administrative law clerk for over a month and he has not returned any of my calls to reopen the case and get that order. What are my options? I don't know how to formally reopen the case but the Supreme Court Clerk who I spoke with said to just stay on the Clerk, can I somehow sue the CIty to reopen my case?

Attorney Answers 3


  1. Suing is a waste of time. Hire an attorney to make this happen!

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. A trip to the Kings County Criminal Court may be more useful than calling, as in my experience it is very difficult to get any court employees to answer the phone or return a call. If you cannot make it to court, you should hire an attorney to handle this for you. Good luck!


  3. If you have a official certificate of disposition that may be enough for someone at DMV to change your record back, how ever like you saw, they want a full order (just shows you how concerned they are for following the law.)

    If you were represented by a attorney, have that attorney get the clerk to fax/mail a order to DMV.

    Or you can go down there and "sit on the clerk's head" (nicely of course) until he/she sends it out for you.
    This is a simple case of a government member not wanting to leave their routine at your extreme determent.

    And no I would not sue.

    Good luck!

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)

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