Drivers Can Withdraw Guilty Pleas: Here’s How

You can withdraw a guilty plea for a traffic conviction, provided you did not understand the penalty, or you faced a traffic situation that did not warrant a guilty plea. For instance, if you had to speed up to avoid a wreck, you shouldn’t be penalized for driving over the posted speed. contact a seasoned traffic ticket lawyer in your area for legal assistance.

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Why You Should Contact a Traffic Ticket Attorney

If you wish to withdraw a guilty plea for a traffic violation, contact a traffic ticket lawyer to ensure better results. A lawyer can file a motion to vacate your guilty plea. Remember that some states, like New York, won’t allow you to file this motion if the plea is over a year old.

However, you can avoid the penalty if your traffic ticket lawyer is local and is familiar with the courts.

Any legal support you get can ensure you better understand driver’s rights and what consequences you may experience if you plead guilty or not for violating a traffic law.

A motion to withdraw a guilty plea in New Jersey is known as a “Slater motion.” The court considers several criteria when granting a motion to withdraw this type of plea. 

The court may ask the following questions:

• Does the withdrawal unfairly benefit the accused?
• Wil it prejudice the state?

The court considers a standard based on the interest of justice before they sentence an individual for a traffic violation or grant a motion to vacate a plea. Therefore, you must show a good reason for changing your plea as a defendant. You simply can’t change your mind.

Examples of Incidents or Situations When a Citation or Ticket Might Be a Mistake

Defective Speed Radar or Camera

The police use speed cameras or radar guns to catch speeding vehicles. However, the equipment malfunctions from time to time. When the devices don’t work, it may be due to inaccurate calibration, environmental factors, or normal wear and tear.

To support the motion to vacate, an attorney can request the maintenance records for a speed camera or radar gun. The records might confirm the device needed calibration or had recently malfunctioned. If there are discrepancies along these lines, you can withdraw a plea of guilty.

Faulty Traffic Light

Sometimes, a traffic light will not operate correctly. For instance, it may show conflicting signals or switch to red too quickly.

You can withdraw the guilty plea if you plead guilty because of a malfunction where you ran a red light. You can support your case by seeking proof through eyewitness accounts or camera footage.

Obstructed or Damaged Stop Sign

Sometimes, an overgrown bush may hide a stop sign, so you might not notice it. You can file a motion to withdraw a guilty plea by showing that the sign was obscured or damaged.

Mistaken Identity

You can claim mistaken identity if someone else was driving your vehicle and got caught speeding. This situation may arise if people share vehicles. To withdraw a plea of guilty, you need corroborative evidence or provide proof or an alibi that you were not driving at the time of the violation.

Emergencies

If you were pulled over during an emergency – over-speeding or running a red light, you’d need to show proof that you had to rush to a hospital, for instance, to seek medical help.

You may also have grounds to withdraw a guilty plea if you had to swerve at a high speed to avoid hitting a pedestrian or striking a cyclist who veered in front of your car.

Lack of Proper Notice

Your traffic ticket or court summons might not have reached you within a reasonable time frame.

Or, the details of a traffic ticket may be incorrect. If a ticket has obvious mistakes, such as the wrong date, time, or location of the alleged offense, removing a guilty plea becomes justified.

New Evidence

Your dash cam can also show you’re not guilty of a moving violation.

Unavoidable Circumstances

Maybe your brakes failed, causing you to run a red light. If this is the case, you can withdraw a guilty plea.

Lack of Knowledge

In some cases, local traffic laws may have changed without being widely communicated to the public. Here’s another instance where you might wish to withdraw a guilty plea.

Also, temporary changes in traffic patterns because of construction can lead to confusion. You might argue that a guilty plea is wrong if the changes are not marked.

Misunderstanding or Coercion

If you felt pressure to submit a guilty plea and didn’t fully understand the consequences of a conviction, you might want to withdraw the plea. There may have been a language barrier if English was not a first language.

The Process of Withdrawing a Guilty Plea: Why You Should Consult with a Traffic Ticket Lawyer Today

Timing

In many jurisdictions, there is a limited time frame following a guilty plea in which one can apply to withdraw the plea. Depending on the local law, this period varies greatly, from just days to even months. A traffic ticket attorney can walk you through the process besides offering valuable advice.

Motion to Withdraw

A formal motion will usually be necessary to have a plea withdrawn. It will state why you want the plea withdrawn and include supporting evidence.

Burden of Proof

You must show why you need to withdraw your guilty plea. You must show that there is a good cause for a withdrawal and that allowing your motion is in the best interest of justice.

Hearing

On filing an application to withdraw, the court may set a date for a hearing at the same time. Your attorney will present the reasons and evidence why the plea shouldn’t stand.

The Judge’s Decision

The judge will evaluate all sides of the issue and any other factors relating to the case at hand. The judge will then determine whether to grant the withdrawal.

Possible Outcomes

If the court grants your motion, your case will usually revert to its status quo ante. At this point, you’ll usually plead not guilty and possibly proceed to trial.

If the court denies the motion, your initial admission of guilt remains in effect.

Contact a Traffic Ticket Attorney Today

Because withdrawing a guilty plea can be confusing, you should hire an attorney who deals with traffic tickets or criminal defense cases regularly. A traffic ticket attorney understands the legal processes to handle your case successfully. Contact a New York State criminal defense attorney now if you’ve received a traffic ticket for a violation you believe is unfounded or didn’t commit.