At Arnold A. Arpino & Associates, P.C., we fight every traffic case with the same attention to detail as a criminal prosecution—because the consequences can be serious, especially when your driving record is on the line.
In a recent win in Peru Town Court in Clinton County, we secured the dismissal of a charge under Vehicle and Traffic Law § 1144-a(a) (commonly referred to as the “Move Over Law”) due to the prosecution’s failure to comply with a critical procedural requirement.
What Happened?
Our client was charged by simplified traffic information and appeared through counsel. Pursuant to Criminal Procedure Law (CPL) § 100.25(2), we filed a timely request for a supporting deposition. The court directed the State Police to serve that deposition on our office, as we had entered a formal appearance.
However, the Trooper improperly served the deposition directly on our client—not the attorney of record. Under well-established law, including People v. Rossi, this mode of service is a legal nullity. Once a defendant is represented, all communications must go through their attorney.
The law requires that the deposition be served on the proper party within 30 days of the request. Since it was not, we filed a motion to dismiss, citing statutory and case law—including CPL §§ 100.25(2), 100.40(2), 170.30(1)(a), and 170.35(1)(a)—and the court granted our motion.
Why This Matters
Too often, police and prosecutors cut corners on technical requirements. But traffic tickets are still prosecutions. If you don’t defend them aggressively, you risk fines, points, insurance hikes—or worse.
Hire a Law Firm That Knows the Rules—and Uses Them
This case is a reminder that procedural mistakes can—and do—lead to dismissals. But only if your attorney knows how to spot them and act quickly.
If you’ve received a traffic ticket or been charged with a vehicle-related offense anywhere in New York, don’t plead guilty before speaking to us. At Arnold A. Arpino & Associates, P.C., we scrutinize every case for legal defects and fight for the best possible outcome.
📞 Call us at (631) 724-5251
🌐 www.arpinopc.com
📍 Serving clients throughout all of New York State in Vehicle and Traffic Matters