New York State Traffic Offense Lawyer Focused on Fixing Bad Results

Rochester attorney experienced in post-conviction relief and license restoration

If you’ve been convicted of a motor vehicle offense, you may be dealing with significant fines, suspended driving privileges and other penalties, not to mention loss of auto insurance or imposition of higher premiums. However, you may not have explored the full range of remedies available to you. With the assistance of skilled counsel, there are ways to show that you were deprived of a fair trial, that your guilty plea was not valid or that the sentence imposed was inappropriate or excessive. At the Law Office of James L. Riotto in Rochester and Albany, we are seasoned criminal defense attorneys who capably advance arguments for reversal of motor vehicle offense convictions and their negative consequences.

Knowledgeable lawyer pursues specialized motions to undo legal injustices

If you’re convicted of a motor vehicle offense, such as speeding or another moving violation, you have the right to appeal, but an appeals court is limited to reviewing the trial record for legal errors. It cannot hear new evidence or find you not guilty. Our firm pursues other avenues of relief that can be more effective, such as:

• Writ of error coram nobis — This remedy can be used to argue that you had ineffective assistance of counsel for your trial or guilty plea. Your conviction could be vacated if your lawyer failed to adhere to professional standards, to fully assert all available defenses or to make proper objections to the prosecutor’s actions or the judge’s rulings.
• Motion to vacate judgment — This form of relief, under N.Y. Crim. Proc. Law § 440, can be based on multiple grounds, among them:
• New, favorable evidence discovered after a guilty verdict that could not have been produced by the defendant at the trial even with due diligence
• Improper and prejudicial conduct at trial that was not in the trial record
• Duress, misrepresentation or fraud on the part of the court or prosecutor
• Evidence presented at trial that was known by the prosecutor or by the court to be false
• Evidence admitted at trial that was obtained in violation of state or federal constitutional rights
• Motion to set aside sentence — Another type of N.Y. Crim. Proc. Law § 440 motion can be brought to challenge a sentence on the ground that it was unauthorized, illegally imposed or otherwise invalid as a matter of law. This kind of relief may be available where a jail sentence or fine was unduly harsh in light of mitigating circumstances that should have been considered.
• Motion to reverse guilty plea — If you pleaded guilty to a motor vehicle offense without an attorney, you may not have been aware of the full consequences, such as license suspension. We seek reversals in such cases and also represent clients in license reinstatement proceedings.

What happens after a successful motion depends on the grounds and the relief requested. If you were sentenced incorrectly, you may be afforded a new sentencing hearing. If your conviction or guilty plea is set aside, a new trial may be ordered. However, if the prosecution is unable or unwilling to retry your case, we may be able to obtain a dismissal of charges or a plea bargain to a lesser offense.

We can also work at pursuing modifications of your sentence or other appropriate relief.

Skillful counselor deals with restoration of driving privileges

Conviction of certain motor vehicle offenses can result in suspension or revocation of your driver’s license. Examples are DWI and refusal to take a blood alcohol test. A history of frequent convictions of moving offenses like speeding can also lead to loss of license. So can failure to pay traffic fines, state taxes or child support.

While suspension of license is temporary, revocation is permanent unless affirmative steps are taken. We are well-versed in the complex process of applying for license restoration. This usually includes obtaining the approval of the Department of Motor Vehicles, for which important conditions must be satisfied. We will guide you every step of the way and make the strongest arguments possible for an optimal result.

We are also experienced at representing holders of commercial drivers’ licenses, who are subject to stricter regulations and face stiffer penalties for traffic violations.

Contact an accomplished Rochester appeals lawyer to discuss your options

Whether you are seeking a reversal of conviction, a reduction of sentence or both, the Law Office of James L. Riotto has the experience and skill to analyze, research and effectively argue your case. Call us at 866-772-2122 or contact us online to schedule an appointment at our Rochester or Albany offices.