Motions To Vacate - Coram Nobis
Motorists often do not appreciate the consequences of pleading guilty to a traffic ticket. Many times you receive a ticket, and simply do not want to "deal with it." You do not seek the advice of an attorney but rather you plead guilty by mail in order to avoid the time, money, and effort necessary to challenge the ticket. Then the hammer drops. You unexpectedly receive notice that your driver license is suspended or revoked, that you are subject to the expensive Driver Responsibility Assessment, or that your insurance premiums have increased. This is not uncommon where the driver accrues 11 points on their driving record or is convicted of 3 speeding tickets in an 18 month period.
All is not lost if this has happened to you. The Shelton Law Firm can often get your conviction vacated through the filing of a coram nobis/rule 440 motion to vacate. The motion is filed in the court that issued your conviction. It is in the discretion of the judge whether to grant or deny the motion. If the motion is granted, the conviction is removed, but you will still have to litigate the underlying charge. The goal is to get the conviction removed, and then get the underlying charge dismissed or pleaded down to a lesser charge that avoids the suspension, revocation, DMV assessment, or increase in premiums. A coram nobis/rule 440 motion to vacate is best when filed in a timely manner, e.g., shortly after receiving notice of suspension, revocation, DRA assessment, or insurance premium increase.
Contact the Shelton Law firm if you pleaded guilty to a ticket without fully appreciating the ramifications of your plea, and later received notice that your driver license is suspended or revoked, that you are subject to the expensive Driver Responsibility Assessment, or that your insurance premiums have increased. We can discuss whether a coram nobis/rule 440 motion to vacate is an option for your situation.