Question: My teenage daughter just got her license two months ago, received a speeding ticket and did not want her parents to know so she went to court and plead guilty to the ticket. I subsequently found out about it. Is there anything I can do at this time to help her and myself, since she is covered under my auto insurance?

Answer: There are a number of issues involved in this but the short answer is yes, there is something you can do. Your daughter receiving and pleading guilty to a speeding ticket is a conviction. If she has only had her driver’s license for a few months in all likelihood the conviction is during the probationary period as set forth by the New York State Department of Motor Vehicles. This could result in a suspension or revocation of her driver’s license depending on the severity of the speeding ticket.

If you have not already added her to your auto policy as an extra driver within your household then you should do so. Doing so will increase your insurance rates as it is an increased risk to the insurance company. In all likelihood if the insurance company becomes aware of the conviction for the speeding ticket your rates may even go up higher.

While we all want to teach our children a lesson and let them suffer fair and reasonable punishment for their mistakes, in cases such as this it is not in your or your daughters best interests to allow a speeding conviction to stay on her driver’s license. Therefore, a motion should be made as soon as is possible to vacate her conviction. This type of motion is commonly known as a Coram Nobis Motion.

The Coram Nobis Motion is made through the court where the guilty plea and conviction was entered. In sum and substance, the Coram Nobis asks the Judge to vacate the conviction based upon your daughter, the defendant, being unrepresented by an attorney and being ignorant and not knowing the ramifications of her guilty plea to the charge. This motion should be made as soon as is possible as the more time that passes the more difficult it is to have the Judge grant the motion and the impact of the conviction with regard to fines, penalties, surcharges, increased auto insurance rates, etc. to take effect.

If the motion to vacate the conviction is successful then this does not conclude the final disposition of the case. The conviction being vacated simply places the defendant in the same position as she was prior to her entry of the guilty plea. However, this gives the opportunity to negotiate a plea disposition for a dismissal or a lesser charge, which would not have the same penalties and ramifications with regard to her driver’s license. For example: if the speeding ticket was reduced to a charge which was a no-point non-moving violation then it would not have the same penalties and ramifications with regard to your daughters driver’s license, court fines, points on her license, and potential increase in insurance rates.

The best advice is that if anyone you know receives a ticket for a moving or point violation that it is recommended that they retain the assistance of an attorney to obtain a reduction of the charge. The end result is that the cost for the attorney will probably be less than the overall cost and expenses, which may result from a conviction of the original charge, when taken into consideration all fines, penalties, surcharges, and increase in insurance rates over the course of time.

Gary Valerino
Partner

Email: gvalerino@mcvlaw.com

Phone: 315-471-1664

Gary Valerino has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career.  He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP).  He is also an approved subrogation counsel for many of the major insurance companies.

We have discussed in this blog what you should do if there is going to be a lapse in your car liability insurance.  However, do you know what will happen if you are in a car accident and you are driving a car without liability insurance?

If you are in a car accident while driving a car without liability insurance, your driver’s license and vehicle registration will be revoked for at least one year.  If someone else is driving your uninsured vehicle and is in a car crash and is convicted of operating without insurance, your license and registration will still be revoked for at least one year.

In addition, to get your license back after revocation, you will have to pay the DMV an additional civil penalty of $750.  Furthermore, there may be a high traffic court fine for driving without insurance or allowing someone else to drive your uninsured vehicle.

Of course, the other major concern is that you may be personally liable for any damages that occurred if your vehicle is in an accident and there is no insurance.  In addition, you will not have an insurance company to retain a lawyer to represent you in any lawsuits that are filed against you for any personal injuries and property damages that occurred.  Certainly, if this occurs, it is highly recommended that you retain your own lawyer to represent your interests.

Therefore, it is very important that you keep your liability insurance up to date.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.

You should surrender your vehicle plates to the Department of Motor Vehicles (DMV) immediately.  If you do not turn in your plates, your registration will be suspended for the same number of days that you did not have insurance coverage and failed to give your plates to the DMV.  If the number of days is more than 90 days, your driver’s license will also be suspended for the same number of days as the registration.  In addition, to reinstate your driver’s license, you must pay a termination fee.  Please note that even if your vehicle is taken off the road and not driven, you must still surrender your plates, or face registration and license suspensions.

Your insurance company will notify the DMV if you cancel your liability insurance.  If you receive a letter from the DMV that states your insurance has lapsed, it is important that you follow the instructions in the letter promptly.  Contact your insurance company as soon as possible.  If you are having an issue with your insurance company, it is important that you turn in your plates while the issue is worked out.  It is important that you keep the receipt showing that you turned in your plates.  When the problem is corrected you can get your registration back and new plates.  If you get insurance through a new company, make sure the new company notifies the DMV electronically.

You may also have the option of paying a civil penalty instead of turning in your license plates to the DMV.  However, if you insurance coverage lapse is more than 90 days or if you have used the civil penalty option for registration suspension within the previous 36 months, then the civil penalty is not available.  Therefore, if you surrender your vehicle plates to the DMV before your insurance lapses, you can prevent the suspension of your registration and driver’s license.

Heather La Dieu

Email: hladieu@mcvlaw.com

Phone: 315-471-1664

Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001.  Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability.  Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.

Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.

Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America.  Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association.  Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.