Is it possible to change a conviction to a not guilty plea for a speeding ticket?

Asked over 1 year ago - Ballston Spa, NY

My son plead guilty to a speeding ticket (63 in 45). We did not know that in addition to the fines that he would also get a 60 day suspension for this ticket. The ticket came 3 days before his 18th birthday when he would get his senior license. The judge told him the fine, but did not state anything about the suspension. Is it possible to get this reconsidered after he has already plead guilty in court to the judge?

Attorney answers (4)

  1. Matthew Jay Weiss

    Contributor Level 14

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    Answered . Yes, your son or his traffic lawyer can make a motion to vacate guilty plea (called a motion for coram nobis). We've done this many times but not always successfully. While some courts are liberal about granting vacatur others are not.

    Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

    7

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    Answered . The short answer is possibly.
    An attorney would have to file a motion.


    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... more
  3. Harold N. Dee

    Contributor Level 7

    5

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    Answered . It's possible if like the other attorneys stated, the judge grants your motion. Once granted we would try to plead it down to a non-moving violation that would not take him off the road or in the alternative try the original speeding case, in that case he would be either guilty or not guilty after trial.

  4. Michael J Palumbo

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . This is why people should always consult with and retain a lawyer for a speeding ticket. There are severe consequences such as this and a huge insurance increase when an assigned risk driver gets a ticket. A Coram nobis motion is what needs to be done, and we can do it for you.

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