Legal Question in Traffic Law in New York

Speeding Ticket

My 20 Year old son,received a speeding ticket on the NYS Thruway. He sent it back to the court and plead not guilty. He was issued a court date to appear. I wrote a letter to the judge informing him of a Road Raged driver that was bothering my son at the time of the incident. My son tried to slow down to let the driver continue, but the driver continued to tailgate, etc. My son was assaulted approximately 2 years ago that required a hospital ER visit. This past history,led my son to try to speed up to get away from this enraged driver. That is when he was spotted and ticketed. I sent the letter asking if the judge would consider a guilty plea to a reduced charge. My son received back a letter stating they had accepted his guilty plea to speeding and to send in the fine listed. Failure to do so would result in having his license suspended. Problem:They never properly considered the letter I sent and convicted him of the original charge. He never signed the letter I sent, nor sent a letter authorizing me to represent him legally. The court date was supposed to be on 5/17 and I'm not sure if we should appear (1+ hrs away). I have tried to contact the court to see, and they are closed until 5/17. Was my son convicted illegally?


Asked on 5/14/04, 3:52 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Speeding Ticket

i WOULD SUGGEST YOU GO TO THE COURT ON MAY 17,2004 FIND OUT IF A PLEA WAS IN FACT ENTERED , IF SO YOU WILL NEED TO GET AN ATTORNEY TO MOVE TO VACATE THE PLEA AND TO RESTORE THE MATTER TO THE TRIAL CALENDAR. iF THE PLEA WAS NOT ENTERED THEN PLEAD NOT GUILTY AND ASK FOR A NEW TRIAL DATE TO RETAIN AN ATTORNET. iN ASMUCH AS YOUR FACT PATTERN IS VAGUE AS TO LOCATION i CAN OFFER NO FURTHER INFO . hOWEVER AFTER YOU RESOLVE THE STATUS OF THJE CASE i WOULD BE HAPPY TO SPEAK WITH YOU AND PERHAPS REPRESENT YOUR SON THERE SEEMS TO BE A POTENTIAL DEFENSE OR AT LESST A PLEA BARGAIN POSSIBILITY. CALL MY OFFICE @718-834-0087 SO WE MAY DISCUSS THIS FURTHER.

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Answered on 5/16/04, 3:13 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Speeding Ticket

Go, or engage an attorney, to plead him not guilty. There is no such thing as "guilty with an explanation". There is only not guilty, with a plea reduction.

Contact me with any questions.

Good Luck

RRG

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Answered on 5/14/04, 4:05 pm


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