At The Law Office of Siara Ossa, PLLC, we represent motorists charged with traffic violations throughout New York State. It is highly suggested that you do not simply pay the ticket and move on – this can cause severe consequences for your drivers license and insurance premiums.
Recently, our office successfully obtained the dismissal of a traffic ticket in Peru Town Court in Clinton County after filing a motion challenging the legal sufficiency of the charge.
This case highlights the importance of understanding the procedural requirements governing traffic prosecutions in New York.
The Charge
The motorist in this case was issued a Uniform Traffic Ticket alleging Failure to Stop for a School Bus in violation of Vehicle and Traffic Law § 1174(a), a five point traffic violation. This ticket differs from the school bus camera tickets in that an officer physically stopped the driver after allegedly witnessing the traffic violation. In this case, the driver can be confirmed and issued a UTT under their license. This differs from the camera tickets in that, since the camera tickets cannot confirm the person actually driving at the time of the violation, the person whom the vehicle is registered to receives a fine with no points assessed to their license.
Because of these potential consequences, it is important to examine whether the prosecution has complied with all legal requirements before proceeding with the case.
The Right to a Supporting Deposition
In New York, most traffic tickets are issued as simplified traffic informations. When a defendant receives such a ticket, they have the right to request a supporting deposition from the issuing officer.
A supporting deposition is a sworn statement that provides factual allegations explaining the basis of the charge.
Under Criminal Procedure Law § 100.25(2), when a defendant makes a timely request for a supporting deposition, the officer must provide it within the time required by law. If the officer fails to do so, the simplified traffic information becomes facially insufficient and subject to dismissal.
The Defense Motion
After being retained, our office filed a Notice of Appearance and timely request for a supporting deposition on behalf of the motorist.
Despite that request, the issuing officer never provided the required supporting deposition describing the alleged violation. Because the law is clear on this issue, our office filed a motion to dismiss the traffic charge.
New York courts have consistently held that when a timely request for a supporting deposition is made and the officer fails to comply, the ticket must be dismissed.
The Result
After reviewing the defense motion and the applicable law, Peru Town Court granted the motion and dismissed the charge.
This result prevented the motorist from facing penalties associated with the alleged violation.
The case serves as another reminder that traffic tickets must comply with the procedural requirements set forth in New York law.
Traffic Defense Throughout New York
Although our office is located in Long Beach, New York, we represent motorists in courts throughout New York State, including:
- Nassau County
- Suffolk County
- Orange County
- Albany County
- Clinton County
- and surrounding jurisdictions
Many traffic tickets contain legal defects that may result in dismissal when properly challenged.
Contact a New York Traffic Defense Attorney
If you have received a traffic ticket anywhere in New York, it is important to speak with an attorney who understands the legal defenses that may be available.
The Law Office of Siara Ossa, PLLC carefully reviews every case and aggressively pursues dismissals when the law supports it.
📞 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 depends on the specific facts and legal circumstances involved.