The White Plains criminal defense lawyers at Proto, Sachs & Brown, LLP recently had a conviction for driving a motor vehicle without insurance overturned and dismissed.
The client had proceed to trial without counsel but key evidence was missing resulting in a conviction under VTL 319(1), Operating a Motor Vehicle without Insurance. The penalties included a fine in the amount of $593.00, a DMV assessment of $750.00 and most importantly the client’s driver's license was suspended for one year.
The client complained that there was no opportunity to submit proof of insurance resulting in the erroneous conviction. After a review of the case and interviewing witness, the Port Chester criminal defense lawyers moved the Port Chester Court to vacate the conviction and dismiss the charge.
The lawyers immediately filed a Criminal Procedure Law 440 motion arguing that there had been fraud, duress or misrepresentation on behalf of the Prosecutor and the Court resulting in prejudice to the client. In addition there was newly discovery evidence proving the client was innocent of the charge.
The Port Chester Court was quick to grant only part of the motion to restore the matter to the Court’s calendar. After oral argument, less then a week later, the charge was dismissed.
The quick timing of the case was important as the client was facing a prompt suspension of a driver’s license that would result in loss of employment. The client was able to have returned to all fines, DMV assessment and did not lose any driving privileges.
The criminal defense attorneys at Proto, Sachs & Brown, LLP have decades of experience in criminal law and are published authors in criminal defense. They maintain offices in White Plains, Peekskill ,New York, New York.
Call for a free initial consultation (914) 946-4808.