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 traffic tickets as easy as possible.
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)
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.
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.
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.