Case Background:
Our client was issued a cell phone ticket while driving in Dover, Dutchess County, New York. A cell phone ticket can carry hefty fines and potentially 5 points on one’s driving record, leading to increased insurance premiums and potential driving penalties.
Our Approach:
Upon review of the initial ticket, we noticed a procedural gap. Leveraging the provisions of the New York Criminal Procedure Law (CPL) 100.25 and 100.40, we formally requested a supporting deposition from the ticketing police officer. This procedure helps ensure that the accused party is provided with sufficient details of the alleged offense.
Outcome:
Despite our formal request to the court, the police officer failed to supply the required supporting deposition within the prescribed timeframe. Recognizing this deficiency, we filed a written motion in the Dover Town Court to dismiss the charge against our client. The court concurred with our position and promptly granted our motion, resulting in a complete dismissal of the cell phone ticket.
Why This Matters:
Ensuring that the legal process is upheld to the letter is fundamental to fair justice. By holding all parties to the standards set forth in the law, we were able to defend our client’s rights and achieve a favorable outcome. This case underscores the importance of understanding procedural nuances and acting swiftly on behalf of our clients.
Practice area(s): Speeding / Traffic Ticket
Court: Dover Town Court