Scalia v. Kelly

This is an application by petitioner under article 78 of the Civil Practice Act to annul orders of the Commissioner of Motor Vehicles whereby petitioner’s operator’s license was revoked and his certificate of registration was suspended for the reason that he had been convicted of a third speeding violation committed within a period of eighteen months.

Petitioner questions the validity of the third conviction on two grounds: First, that the Justice of the Peace, before whom petitioner pleaded guilty for violation of the New York State Thruway speed regulation, failed to instruct him in…