|Coram Nobis Lawyers 914-723-7900|
In New York, many motorist will plea guilty to a speeding ticket or other traffic matters without knowing the full consequences the plea may have on their license. For some, they are facing termination from their employment because they possess a commercial driver's license (CDL) which may require zero points on their record, while others are facing suspensions and revocations of their driving privilege.
Under New York's Criminal Procedure Law §440.10, there are grounds for a motion to vacate a judgment of conviction. This is often called a “coram nobis” motion. Some lawyers have spelled it "Quoram nobis."
In New York, there many reasons why a motorist may lose their privilege to drive. Probably the most common is for accumulating too many points in 18 months or being convicted of 3 speeding tickets in an 18 month period.
If you fall within this spectrum and are desirous of filing a coram nobis motion, it must be filed in the court where you would like to vacate the conviction. Please note, a coram nobis is not a substitute for the filing of an appeal for a conviction.
In my experience, a this motion must be made timely in order for a court to entertain vacating a conviction. In general, it should be filed as soon as you receive notice that your license will be suspended or revoked. Failure to do so could result in the motion being automatically denied by the court.
A coram nobis does not guarantee that your traffic matter will be re-opened. It merely gives you the forum to go back into court and ask the court that it be re-opened. It is up to the judge's discretion whether or not to grant the motion.
This office has successfully represented many motorist in village and town courts all over New York State. If you find yourself in this situation, call our office at 914-723-7900 and ask how we can help.