Many drivers assume that receiving a traffic ticket means they have no choice but to plead guilty or negotiate a reduced charge. In reality, New York law provides important procedural protections that law enforcement and the prosecution must follow. When those requirements are not met, dismissal may be appropriate.
Recently, our office successfully obtained the dismissal of both traffic tickets issued to a client in Cortland City Court, County of Cortland, after demonstrating that the officer failed to comply with one of those mandatory requirements.
The Charges
Our client was charged with:
- Speeding (Vehicle and Traffic Law § 1180(d))
- Moving from Lane Unsafely (Vehicle and Traffic Law § 1128(a))
Rather than simply accepting the allegations, we carefully reviewed the case and exercised our client’s statutory rights.
The Supporting Deposition Requirement
In New York, most traffic tickets are issued as simplified traffic informations.
When a motorist timely requests a supporting deposition, the issuing officer is generally required to provide one explaining the factual basis for the charges.
A supporting deposition serves an important purpose. It allows the accused driver to understand:
- What the officer claims occurred;
- The facts supporting the alleged violation; and
- The basis upon which the ticket was issued.
Without it, a motorist may be left guessing why they were charged.
What Happened in This Case?
After reviewing the tickets, our office timely requested supporting depositions.
However, despite the request, no supporting deposition was ever filed with the Court.
We filed a motion asking the Court to dismiss both simplified traffic informations based upon this procedural defect.
The Court agreed.
In its written decision, the Court found that no supporting deposition had been filed with the Court after the defendant properly requested one, and granted the defense motion to dismiss both traffic tickets.
Why This Matters
Traffic tickets are often viewed as minor matters, but convictions can have significant consequences, including:
- Driver license points
- Increased insurance premiums
- Driver Responsibility Assessment fees
- Potential license suspension for repeat violations
- Employment consequences for commercial drivers
Because of these potential consequences, every available defense should be evaluated.
Sometimes the strongest defense is not whether the driver committed the alleged violation—but whether the procedural requirements are complied with as established by law.
Every Traffic Ticket Should Be Reviewed
Not every case involves a missing supporting deposition, but many traffic tickets contain procedural or legal issues that may not be obvious to someone without experience handling New York traffic matters.
Before pleading guilty, it is worth having an attorney review the ticket to determine whether any defenses exist. Note that it is important to reach out to a licensed attorney who is experienced with traffic matters, as some procedural issues are time barred.
At The Law Office of Siara Ossa PLLC, we carefully examine every traffic case for procedural defects, constitutional issues, and evidentiary weaknesses that may result in reduced charges—or, as in this case, a complete dismissal.
Charged With a Traffic Ticket in New York?
If you’ve received a speeding ticket or other traffic citation anywhere in New York, don’t assume a guilty plea is your only option.
Our office represents drivers throughout New York and works to protect clients from unnecessary points, insurance increases, and license consequences.
Contact us today to discuss your case and learn what defenses may be available.
The Law Office of Siara Ossa, PLLC
780 Long Beach Boulevard
Long Beach, New York 11561
(t):347-733-5612
siara@ossalawny.com