Q: I need to file a motion to vacate a plea of guilty to a speeding ticket. Where can I find the form?
Sent the ticket in immediately. Then was offered a reduction by the DA. I want to withdraw my plea and accept the DAs offer. Where can I find the correct form needed.
A:
The common route taken in your situation will be filing a motion to vacate with the court which basically asks the court to "undo" your plea to the original charge. In local courts (town courts, village courts, etc), the judge has the discretion to grant (allow) or deny (refuse) the motion. I don't believe there is any specific template available since it's usually a n individually tailored motion.
The ground for the motion is often that you were not a legal professional and was not aware of any consequence of pleading guilty, and you didn't know that paying the fine on the ticket was equivalent of a conviction. It's recommended that you retain a counsel for the motion, weighing your best interest (NY license or out of state, # of points on the original charge, etc) against the overall cost.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
