If you were pulled over and issued a traffic ticket in New York (outside of the five boroughs of New York City) — whether in Nassau or Suffolk County — you might notice a small box on the ticket that says “Supporting Deposition Requested.” Many people ignore it, not realizing how powerful that simple request can be.
As a criminal defense attorney and former public defender, I’ve seen countless cases where a missing or defective supporting deposition led to a dismissal. Here’s what you need to know.
⚖️ What Is a Supporting Deposition?
A supporting deposition is a sworn statement from the officer that issued your ticket.
It includes:
- The facts of what the officer personally observed, and
- Details that support the specific charge written on your ticket.
It’s essentially the “proof” behind the ticket — not just the officer’s quick notes. Without it, the ticket alone might not be legally sufficient to proceed.
🕐 When and How to Request It
If you’re charged under the Vehicle and Traffic Law (VTL), you have the right to request a supporting deposition.
- The request must be made within 30 days of receiving your ticket (or the court appearance date listed).
- It’s typically as simple as checking the “supporting deposition requested” box and mailing it to the court.
If the officer or prosecutor fails to provide it within 30 days after your request is received, the ticket can be dismissed, depending on the Court and the Judge issuing the decision.
📜 Why It Matters
Without a supporting deposition, the People (prosecution) cannot establish the factual basis of the alleged offense.
That means your lawyer can move to dismiss the ticket outright, without even getting into the details of the traffic stop.
Example:
You’re charged with failure to yield or imprudent speed. The ticket says nothing more than “failed to yield.”
If the officer never provides a supporting deposition explaining how or where you allegedly failed to yield — the ticket is legally insufficient.
💡 Common Mistakes Drivers Make
- Not requesting the deposition: Most drivers just plead guilty or pay the fine. That’s a missed opportunity.
- Assuming it doesn’t matter: In reality, it’s one of the most powerful procedural protections in New York traffic law.
- Requesting too late: Courts are strict about the 30-day window.
👩⚖️ How an Attorney Can Help
As a defense attorney who’s handled hundreds of traffic and criminal cases, I don’t just look at the “what” — I look at the “how.”
If procedure isn’t followed correctly, that can be just as important as the alleged facts themselves.
A defective or missing supporting deposition may be grounds to have your ticket dismissed entirely.
📞 Final Takeaway
Before you pay that ticket or plead guilty online, know your rights.
A simple procedural request can save you hundreds in fines, points on your license, and even insurance increases.
If you received a traffic ticket in Nassau or Suffolk County, contact my office as soon as possible to review your case and see whether your ticket can be challenged — or dismissed entirely.