Legal Question in Traffic Law in New York

I received a citation in Cortland county for 71 mph in a 45 mph zone. I am not a habitual speeder -- it was my first time driving this road, I was coasting down a large hill and wasn't immediately aware of my change in speed. I pleaded not guilty on my ticket so that I could have a chance to explain these circumstances before being assessed a penalty.

I recently received two letters almost back to back. The first was notifying me that the court accepted my GUILTY plea (which I did not make). They have given me until the end of March to pay a fine. They assessed the 6 point penalty and my driving record currently reflects that penalty. The second letter implies the court accepted by NOT GUILTY plea because it gives me a pre-trial date in May. One of these letters (i forget which) contained a copy of the ticket i mailed them which clearly shows I pleaded NOT GUILTY.

I don't quite know how to proceed. Is this a violation of my due process rights and grounds for dismissal? Am I expected to just call the court and clarify the issue? I was also expecting a much speedier appearance in court, as is the case in Troy NY where I am from. Really I am just looking to explain my circumstances to the prosecutor and see if he is willing to offer a reduced sentence.


Asked on 3/14/17, 9:38 am

2 Answers from Attorneys
Michael Palumbo Palumbo & Associates, PC

Something went radically wrong, as the DMV has you recorded as having plead guilty. Now unless you pay the assessment your NYS license and / or driving privileges will be suspended. However, somehow you have an active case open in court. This is really a total mess.

You need to hire a lawyer ASAP. My office specializes in this kind of work and when you retain us you will never have to go to court we go for you and do everything for you. When you retain our office you will be happy you did. You don�t have to just take my word for it. Check out what our past clients say about us in their own words here: http://www.avvo.com/attorneys/michael-palumbo-1477580/reviews.html.

Give us a call anytime 24 / 7 at 914-777-2990. We have a 24 / 7 answering service and off hour calls are always promptly returned by an attorney. Don't wait call us right now!

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Answered on 3/14/17, 9:59 am
Robert Evans Robert S. Evans esq.

Yes you should retain a competent Traffic defense attorney. The 6 points that will be assessed to your license as well as a driver assessment fee will if saved more than cover the cost of an attorney. You should shop around for a qualified attorney within your price range. You may contact my office @ 718-834-0087 for a free phone consultation. There are instances where ,my firm also will be able to save you an appearance trip.

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Answered on 3/14/17, 11:58 am


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