At The Law Office of Siara Ossa, PLLC, we regularly represent motorists charged with traffic violations throughout New York, including Nassau County, Suffolk County, and courts throughout the state. While many drivers assume that a speeding ticket must simply be paid, New York law provides important procedural protections that must be followed before a traffic case can proceed.
Recently, our office successfully obtained the dismissal of a speeding ticket in Tuxedo Town Court in Orange County after filing a motion to dismiss based on the officer’s failure to provide a required supporting deposition.
The Traffic Charge
The motorist in this case was issued a Uniform Traffic Ticket alleging Speeding in a Zone in violation of Vehicle and Traffic Law § 1180, specifically alleging 75 miles per hour in a 40 mile per hour zone, at the time, an 8 point speeding ticket.
The alleged violation occurred on Seven Lakes Drive in the Town of Tuxedo, Orange County, New York, and the case was scheduled to be handled in Tuxedo Town Court.
Speeding tickets in New York may appear minor, but they can carry significant consequences, including:
- Substantial fines and state surcharges
- Points on a driver’s license
- Increased insurance premiums
- Potential license suspension if enough points accumulate
Because of these consequences, it is important to review every ticket carefully to determine whether the prosecution has complied with all legal requirements.
The Legal Requirement for a Supporting Deposition
In New York, most traffic tickets are issued as simplified traffic informations. When a motorist receives such a ticket, they have the right to request a supporting deposition from the issuing officer if it has not been provided during the stop.
A supporting deposition is a sworn statement by the officer describing the factual basis for the alleged violation.
Under CPL § 100.25(2), when a motorist 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 Motion to Dismiss
In this case, shortly after being retained, our office filed a Notice of Appearance and timely request for a supporting deposition pursuant to Criminal Procedure Law § 100.25.
Despite that request, the officer never served a supporting deposition describing the alleged speeding violation.
Because the law is clear that the failure to provide a supporting deposition renders the simplified traffic information insufficient, our office filed a motion to dismiss the ticket pursuant to CPL §§ 100.25, 100.40, 170.30, and 170.35.
New York courts have consistently held that when a defendant timely requests a supporting deposition and the officer fails to provide one, the traffic ticket must be dismissed as a matter of law.
The Result: Speeding Ticket Dismissed
After reviewing the motion, the Tuxedo Town Court granted the request and dismissed the charge.
The court issued written notice confirming that all charges pending against the motorist had been dismissed.
This outcome demonstrates that even in traffic cases, procedural rules matter, and when those rules are not followed, the charges cannot stand.
Contact a New York Traffic Defense Attorney
If you have received a speeding ticket or other traffic violation anywhere in New York, you may have legal defenses available that could result in a reduction or dismissal of the charge. However, it is imperative that you contact an experienced attorney, as most of these defenses may be time barred.
At The Law Office of Siara Ossa, PLLC, we regularly represent motorists charged with traffic offenses throughout New York and fight to protect our clients’ driving records.
📞 Contact our office today to discuss your ticket 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.