Motion Coram Nobis to Vacate a Guilty Plea to a Traffic Ticket

Published on 5/18/2015 - Updated on 5/29/2024

Our firm gets the following phone call every few days: “I pled guilty to a ticket and now I regret it. Can anything be done”? This is common in New York State, because New York traffic tickets do not show a fine amount (except tickets in NYC) and do not show how many points are associated with the violation. There are several reasons why one would want to change their mind after pleading guilty to a traffic ticket. The list below is not exhaustive:

• They received a bill from the court. New York State is considered one the most expensive states to get a traffic ticket.
• They received a Driver Responsibility Assessment Fee from New York State. Six points triggers a $300 fee, and it goes up $75 for each additional point.
• Pleading guilty put the motorist at 11 points, causing suspension.
• Pleading guilty to a specific charge can result in revocation. One example is driving without insurance. Another example is three speeding convictions in 18 months.
• Pleading guilty resulted in loss of CDL privileges. One such example is leaving the scene of an accident.
• Pleading guilty to certain violations as a probationary driver will result in suspension.
• Try to reinstate license after DUI revocations. The DMV will often look back at other issues in your driving history and not reinstate your license due to other convictions that were not related to the DUI.

One method of revisiting a previous guilty plea is by filing a Motion Coram Nobis. Careful review of New York State common law allows for this motion to be filed in specific situations. This applies even in cases where the plea was entered many years ago. If the court grants the motion, the conviction is vacated and there is no more guilty plea or associated consequences and fines.

While anyone can file the motion, it is often a bad idea to do this on your own. There are various technical requirements to file a motion, including format, notice, and service. This can prove highly challenging to a layperson. The attorneys at the Benjamin Goldman Law Office have extensive background in filing, writing, and arguing these motions. We have successfully vacated many guilty pleas in various justice courts, including Hancock, Ripley, and Pamelia. Contact us today for a free consultation.