We recently achieved a significant victory in Orleans Town Court, securing the dismissal of a speeding ticket on behalf of our client. This case highlights the importance of ensuring that all legal procedures are properly followed and demonstrates how meticulous attention to detail can result in favorable outcomes.
Case Background
Our client was charged with a violation of New York State Vehicle and Traffic Law § 1180(a), commonly known speed not reasonable and prudent. After receiving the ticket, we promptly filed a request for a supporting deposition from the officer who issued the citation. A supporting deposition is a critical document that provides the factual basis for the charges and is required when requested by the defense.
Legal Strategy
New York’s Criminal Procedure Law (CPL) mandates that when a request for a supporting deposition is made, the officer must provide it within a specified timeframe. If the officer fails to do so, the traffic ticket is rendered insufficient on its face and can be subject to dismissal.
In this case, despite our timely request, the officer did not provide the supporting deposition. Recognizing this procedural lapse, we filed a motion to dismiss the ticket on the grounds that the lack of a supporting deposition made the charges unsustainable under the law.
Outcome
The court agreed with our argument and dismissed the ticket in Orleans Town Court. This outcome underscores the importance of defending even seemingly minor traffic violations with a thorough understanding of legal rights and procedures.
What This Means for You
If you’ve received a traffic ticket in Orleans Town Court or any other court, it’s essential to know that you have rights and that there are legal strategies available that may lead to a dismissal. We are committed to protecting those rights and achieving the best possible outcome for our clients.
If you need assistance with a traffic ticket or other legal matters, don’t hesitate to contact us. We’re here to help you navigate the legal system and fight for your rights.