AUO Second Degree in NYS

[BradCNY]

What is the name of your state? New York

This is complicated. Back in June of 2003 I was ticketed twice within a week in the same town for speeding. My license was subsequently suspended for failing to answer summonses to appear in court and address the charges. From that point on up until December 2, 2004, I was driving. The way I was finally caught was because I parked a few times on the street outside my girlfriend's house and they ran a plate check on my car. When they did that, they saw not two, but three suspensions on my DMV report. The third suspension, which I was not aware of, was due to the fact that I had failed to maintain continous liability insurance on the vehicle. It came to be revealed though, that I did have the coverage and the insurance company erred in their report to the DMV. I have a letter from them verifying that. Here is where my questions are going to get complicated. On the night that I was arrested and charged with AUO 2nd degree, I was also charged with not having insurance on the vehicle. When I went into court the first time, I was not aware of the mistake made by the insurance company and I plead guilty. First question: If a person pleads guilty to what turns out to be an erroneous charge, can the judge still force the guilty plea to stand? Also, I did research and evidently an AUO 2nd is given in basically two circumstances, one of them being if you had at least three suspensions within 18 months of each other. If they wipe off the third suspension because of the reasons I had mentioned before, and I would have had only two at the time, would the charge be reduced to AUO 3rd degree?

[BradCNY]

If any one would like to know, I had court lastnight on this matter and here is how I made out: My assumption about the AUO 2nd being taken off the table because one of the suspensions was erroneous was correct. To make a long story short, after the ADA told me what she could do to me (so I would appreciate her generosity even more) she charged me with a 509.2, which simply means that I didn't have my license on me during a traffic stop. So, I go from facing a misdemeanor charge down to a traffic ticket with no points.