Johnson v. Kelly

Petitioner was convicted of speeding, in violation of the provisions of subdivision 4 of section 56 of the Vehicle and Traffic Law. This being his third conviction of speeding violations committed within 18 months, the Commissioner of Motor Vehicles revoked his operator’s license (Vehicle and Traffic Law, § 71, subd. 2, par. [c]). Petitioner thereupon brought this proceeding and from the Special Term’s adverse determination this appeal was taken.

The petition alleges two grounds for the relief sought, first, ■ that upon the arraignment preceding the third conviction the Magistrate failed to…