Herkel v. Kelly

This is an article 78 proceeding to set aside an order issued by respondent temporarily suspending petitioner’s operator’s license pending a hearing on a scheduled date.

On August 27, 1958 petitioner was arrested for violation of subdivision 3 of section 56 of the Vehicle and Traffic Law and charged with operating a motor vehicle upon a public highway at a speed of in excess of 95 miles per hour for a distance of greater than one quarter of a mile. He pleaded guilty as charged on the same day.

In due course the Commissioner of Motor Vehicles received a copy of the uniform traffic ticket issued…