Upon conviction of any traffic violation in the 5 boroughs of NYC: Brooklyn, Queens, Manhattan, Staten Island and the Bronx, points assessed are automatically added to your driver's abstract. How many points and how long they stay are 2 issues addressed in earlier blogs. Once they are on, the only way to have them removed is by overturning the conviction. A point reduction course may limit the sting of those points but they can still be seen.
In order to overturn the conviction an appeal must be filed within 30 days of the date of the
conviction. It is not a request for a “do over”. An appeal is a review by the Appeals Board of the
hearing that already took place wherein the judge or panel of judges decide whether any procedural or substantive error took place. For example, if the police officer left out testimony on what is called the prima facie case that which is crucial to establishing the charge and the Judge still convicted, that is an appealable issue.
How does one know if it is worth appealing? The fees to appeal are $10 for the application and $40 for the transcript. One must decide if it is worth it to invest more money in hopes of a successful appeal. Unfortunately, without an attorney to review the transcript and submit notes on the errors in the trial, you are unlikely to be successful. Therefore, there will likely be an additional fee of the lawyer involved. Some attorneys, such as myself give a courtesy review of the transcript to see if any arguments can be made on your behalf. If there are, we would take the case. That does not mean you are guaranteed a win but there is a chance. If I know ahead of time no arguments are present, I would not take the case.
In the case that a suspension was imposed as a result of a conviction an appeal can come with a stay or a delay of that suspension. This alone often makes it worth appealing. Sometimes
transcripts are inaudible or lost and then the conviction may be reversed.
If you win an appeal one of two things can happen:
- reverse and dismiss
- reverse and remand
In the 1ˢᵗ instance, it is over. You won. The conviction is removed and no further action is required by you.
In the 2nd a new trial will be ordered. This is done usually based on the severity of the original
An experienced attorney can advise you in every step of the appeal process. I have been defending motorists in New York State for almost 30 years. Unfortunately, I have not found the Appeals Board to be predictable or even entirely reasonable in their decisions. However, a lawyer is most certainly your best option in an appeal situation.
If you need personalized assistance contact us today.