Many drivers believe that once they receive a traffic ticket in New York, they have to pay the fine or plead guilty. In reality, New York traffic laws provide motorists with important procedural rights that can sometimes lead to a complete dismissal of the charges.
Recently, our office successfully obtained the dismissal of all four traffic tickets issued to a client in Bethlehem Town Court, County of Albany, after filing a motion based on the police officer’s failure to provide a legally required supporting deposition following a timely request.
Can a Traffic Ticket Be Dismissed in New York?
Yes.
There are many legal defenses available when fighting a New York traffic ticket. One of the most overlooked defenses involves the officer’s failure to comply with the procedural requirements of New York’s Criminal Procedure Law.
When a driver receives a simplified traffic information, New York law allows the driver to request a supporting deposition from the officer who issued the ticket. A supporting deposition is a written statement explaining the facts and circumstances that led to the traffic stop and the alleged violation.
If that request is made on time and the officer does not comply, the traffic ticket may be legally insufficient and subject to dismissal.
What Is a Supporting Deposition?
A supporting deposition provides the factual basis for the traffic ticket.
Instead of relying solely on the brief description printed on the ticket, the supporting deposition explains:
- Why the officer stopped the vehicle
- What observations were made
- The specific facts supporting each alleged traffic violation
- Why the officer believed a violation occurred
New York law gives motorists the right to request this document after receiving many traffic tickets.
What Happened in This Case?
Our client was charged with multiple traffic violations, including:
- Moving from Lane Unsafely (VTL §1128(a))
- Driving on the Shoulder (VTL §1131)
- Driving Left of Pavement Markings (VTL §1126(a))
- Interfering with the Orderly and Safe Flow of Traffic (17 NYCRR §102.8(e))
After being retained, our office immediately filed:
- A Notice of Appearance
- A Not Guilty Plea
- A timely written request for a supporting deposition pursuant to CPL §100.25(2).
Despite that request, no supporting deposition was ever served on our office. Because the officer failed to comply with the statutory requirements, we filed a motion asking the court to dismiss every ticket.
Why the Court Dismissed the Charges
Our motion argued that the simplified traffic informations were legally insufficient because the officer failed to furnish the required supporting deposition after a timely demand.
New York courts have repeatedly held that when an officer fails to timely provide a supporting deposition after a proper request, dismissal is the appropriate remedy. Our motion relied on CPL §§ 100.25(2), 100.40(2), 170.30, and controlling New York appellate case law supporting dismissal under these circumstances.
The Court ultimately agreed, dismissing every charge against our client.
Why Fighting a Traffic Ticket Matters
Many drivers underestimate the consequences of pleading guilty to a traffic ticket.
A conviction can result in:
- Driver license points
- Increased auto insurance premiums
- Driver Responsibility Assessment fees
- Possible license suspension
- Commercial driver’s license consequences
- A permanent driving record
Every case deserves an individualized legal review before deciding whether to plead guilty.
Do You Need a Traffic Ticket Lawyer in New York?
Whether you’ve received a speeding ticket, lane violation, unsafe lane change ticket, or another moving violation anywhere in New York, you may have defenses that are not immediately apparent.
At The Law Office of Siara Ossa PLLC, we carefully review every traffic case for:
- Failure to provide a supporting deposition
- Defective traffic tickets
- Procedural violations
- Constitutional issues
- Insufficient evidence
- Other legal defenses that may lead to dismissal or reduction
If you’ve been charged with a traffic violation in New York, contact our office before pleading guilty. An experienced New York traffic ticket attorney can determine whether your case may qualify for dismissal.
780 Long Beach Boulevard
Long Beach, New York 11561
(t):347-733-5612
siara@ossalawny.com