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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need to have a Motion to vacate a guilty plea written for

Customer Question

I need to have a Motion to vacate a guilty plea written for court on Thursday. I received a speeding ticket for doing 65 in a 55. I understood from the ticket that the only way to submit an explanation was to plead guilty on the ticket. I later learned I could have pleaded non guilty. I also learned that they would place 3 points on my driving record for pleading guilty. I was told by the court clerk that the only way they would reconsider my ticket was if I submitted the motion in writing and include a copy of my driving record (which I have)
JA: Was a citation issued? Has a court date been set?
Customer: I was given an extension to this Thursday. Court is in Hoosick Falls NY. By citation I assume you mean a determination by the court. They already considered my guilty plea and charged me a fine and fee totaling $193
JA: Anything else you want the lawyer to know before I connect you?
Customer: Court Clerk told me I need to submit (fax) a motion to vacate guilty plea and include copy of my driving record from NYS DMV (which I have). I assume a legal assistant can write this.
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I do not have one for TRAFFIC specifically in NY. I have one for CRIMINAL LAW in NY, which utilizes the SAME case law and argument as one would do for traffic. Would that work?