At The Law Office of Siara Ossa, PLLC, we represent motorists throughout New York State who are charged with traffic offenses. Many drivers assume that traffic tickets must simply be paid, but New York law provides several procedural protections that can result in a dismissal when those rules are not followed.
Recently, our office successfully obtained the dismissal of traffic charges in Montgomery Town Court in Orange County after filing a motion challenging the legal sufficiency of the charges.
This result highlights the importance of having experienced counsel who understands the procedural requirements governing traffic prosecutions in New York.
The Charges
In this case, the motorist was issued two Uniform Traffic Tickets in Montgomery Town Court in Orange County alleging:
- Unlicensed Operator (Vehicle and Traffic Law § 509)
- Violation – Tail Lamps (Vehicle and Traffic Law § 375)
The tickets arose from a traffic stop that allegedly occurred on September 14, 2025.
While traffic tickets may appear minor, these charges can carry significant consequences, including fines, surcharges, and potential impacts on a driver’s record.
The Right to a Supporting Deposition
Under New York law, most traffic tickets are issued as simplified traffic informations. When a motorist receives such a ticket, they have the legal right to request a supporting deposition from the issuing officer.
A supporting deposition is a sworn statement describing the factual basis for the alleged violation.
Pursuant to Criminal Procedure Law § 100.25(2), when a defendant makes a timely request for a supporting deposition, the officer must provide it within the required time period. If the officer fails to do so, the traffic ticket becomes facially insufficient and subject to dismissal.
Defense Motion Filed After Officer Failed to Comply With the Law
Shortly after being retained, our office filed a Notice of Appearance and timely request for a supporting deposition on behalf of the motorist.
Despite this request, no supporting deposition was ever served. Our office repeatedly followed up with the court to confirm receipt of the request and ensure compliance with the statutory requirements.
When it became clear that the officer had failed to provide the required documentation, our office filed a formal motion to dismiss the traffic tickets pursuant to Criminal Procedure Law §§ 100.25, 100.40, 170.30, and 170.35.
New York courts have consistently held that when a timely request for a supporting deposition is made and the officer fails to provide one, the simplified traffic information must be dismissed as legally insufficient.
The Result: Charges Dismissed
After reviewing the motion and the applicable law, the court granted the motion, resulting in the dismissal of the charges against the motorist.
This outcome underscores an important point: traffic cases are still legal cases, and the prosecution must follow the rules established by New York law.
When those rules are not followed, dismissal is the proper result.
Fighting Traffic Tickets Throughout New York
Although our office is based in Long Beach, New York, we regularly represent clients in courts throughout New York State, including courts in:
- Nassau County
- Suffolk County
- Orange County
- and surrounding jurisdictions
If you have been issued a traffic ticket anywhere in New York, it is important to consult with an attorney who understands the procedural defenses that may be available.
Contact a New York Traffic Defense Attorney
If you have received a traffic ticket or criminal traffic charge in New York, you may have legal defenses available that could lead to a reduction or dismissal of the charges.
The Law Office of Siara Ossa, PLLC aggressively advocates for motorists throughout New York State.
📞 Contact our office today to discuss your case and your options by calling or texting 347-733-5612.
www.ossalawny.com
siara@ossalawny.com
Prior results do not guarantee a similar outcome. Each case is unique and results depend on the specific facts and legal circumstances involved.