As dedicated traffic defense attorneys, our goal is always to achieve the best possible outcome for our clients. Recently, I had the opportunity to represent a motorist in Westchester, New York, who was facing a traffic violation charge for allegedly speeding in North Salem. Through strategic motion practice, we were able to secure a dismissal of the charges.
The Case at a Glance
Our client was charged with violating Vehicle and Traffic Law § 1180 (d), which pertains to speeding. The prosecution’s case was based on a simplified traffic information and a supporting deposition from the police officer, which failed to provide sufficient evidence to support the charge.
The Motion to Dismiss
To challenge the validity of the charges, we filed a motion to dismiss on the grounds that the simplified traffic information and supporting deposition were legally insufficient. The key points in our motion included:
- Lack of Direct Observation: The officer’s supporting deposition indicated that the charge was based on “information and belief” rather than direct observation. This raised questions about the reliability of the evidence presented.
- Insufficient Details in Supporting Deposition: The deposition did not specify the method used to verify Domenic’s speed. Without clear information on whether radar, lidar, or another method was used, the allegations were insufficient.
- Missing Critical Information: The “additional information” section of the deposition was left blank, further weakening the prosecution’s case.
Prosecutor’s Review and Consent to Dismissal
Upon reviewing our motion, the prosecutor recognized the deficiencies in the traffic ticket and agreed to a dismissal on consent. This outcome was a testament to the power of thorough legal analysis and strategic motion practice in defending traffic tickets.
Setting Our Practice Apart
What sets our practice apart from others is our commitment to using every legal tool available to defend my clients. Motion practice is an essential part of my strategy. By meticulously examining the evidence and filing well-founded motions, I can often achieve favorable results, even before a case goes to trial.
Conclusion
This case highlights the importance of having a knowledgeable and proactive attorney when facing traffic violations. If you or someone you know is dealing with a traffic ticket, remember that a strong defense can make all the difference. Contact our office to learn more about how I can help you fight your ticket and protect your driving record.