Dworshak v. Kelly

Petitioner’s license has been revoked by the Commissioner of Motor Vehicles because of three speeding violations within 18 months (Vehicle and Traffic Law, § 71, subd. 2). The basis of his application to annul and vacate the Commissioner’s action is that he was convicted of the third violation upon his plea of guilty after the Justice of the Peace read to him the statutory warning as provided in section 335-a of the Code of Criminal Procedure, at which time the Justice looked at petitioner’s driver’s license on which the first conviction was not noted, and the Justice warned petitioner that…