When you receive a speeding ticket in New York State (except for ones that are handled by the NYC or Rochester Traffic Violations Bureau or “TVB”), police officers can be required to provide a “supporting deposition” upon request.
The supporting deposition is a statement by the police officer that gave the ticket setting forth the facts that provide reasonable cause that defendant committed the offense for which he is being charged.
According to Criminal Procedure Law §170.30(l)(a), failure to provide a supporting deposition after a timely request has been made is grounds for dismissal of the ticket.
Note that in this day and age, many police agencies are handing out supporting depositions on the spot at the time of the traffic stop. If you get a second page together with your ticket, it will usually be the supporting deposition. Obviously if one is provided to you at the time of the stop, you need not request it.
New York State Law About Supporting Depositions
NY Criminal Procedure Law §100.25 outlines the requirements of the supporting deposition. The request for a supporting deposition must be made before trial, before pleading guilty, and within 30-days of the court date listed at the bottom of the ticket.
Assuming the request was properly and timely made, the supporting deposition must be provided within 30 days of the request or 5 days before trial, whichever is earlier. A copy also has to be filed with the court together with proof of service (i.e. proof that the officer served you with the supporting deposition).
The obligation for the police to provide a supporting deposition notwithstanding, with regard to New York Traffic Tickets issued outside of the TVB (five boroughs of New York City and Rochester) plea-bargaining is routine (but not mandatory). If you receive a speeding ticket in New York, for example, and you are not given a supporting deposition, you might be able to beat your ticket but it might be wiser to hire and attorney who can use it as leverage to get you a favorable plea bargain offer. Why would you choose this route if you think you can get a dismissal? Because nothing is guaranteed. A judge might deny your motion to dismiss and then you might have a prosecutor who doesn’t feel very much like offering you a plea bargain offer after you made them jump through the motion to dismiss hoop.
Hire a New York Speeding Ticket Attorney
As part of your traffic ticket strategy, should contact an experienced NY traffic attorney like Adam Rosenblum who can not only assess your case but also has the skill to make motions in court and negotiate favorable plea bargains in most cases.
Call The Rosenblum Law Firm today because we have a successful record of fighting New York traffic tickets.
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