At Arpino Law, we believe every traffic case deserves careful review — and sometimes, the best defense is holding the prosecution to the strict requirements of the law.
In a recent victory in Esperance Town Court, Schoharie County, we secured a dismissal of a traffic ticket for “Imprudent Speed” (VTL §1180[a]) after filing a motion to dismiss for failure to provide a supporting deposition.
The Background
Our client was charged with violating New York’s Imprudent Speed statute, a common traffic offense that can carry fines, points, and insurance consequences. Under CPL §100.25(2), when a driver is charged via a simplified traffic information and requests a supporting deposition, the officer must provide it within 30 days — or the case can be dismissed.
After our firm made a timely written demand for the supporting deposition, the court issued a direct order to the State Trooper to provide one. Despite that order, no supporting deposition was ever served on our office.
The Legal Issue
New York law is clear:
“The failure to timely serve and file a supporting deposition renders the simplified traffic information insufficient on its face.”
— People v. Nuccio, 78 N.Y.2d 102 (1991)
Without that document, the accusatory instrument is jurisdictionally defective. In plain terms — the case cannot legally proceed.
We moved to dismiss the ticket under CPL §§ 170.30(1)(a), 170.35(1)(a), 100.25, and 100.40, arguing that the prosecution’s failure to meet this statutory requirement required dismissal.
The Result
The Court granted our motion to dismiss, ending the case completely.
No fine. No points. No conviction.
This decision reinforces the importance of procedural compliance — and how a skilled traffic attorney can turn a seemingly minor technicality into a complete victory for the client.
Why This Matters
Traffic tickets may seem routine, but the law gives drivers specific rights — and when law enforcement or prosecutors fail to follow procedure, those rights can lead to dismissal.
Our firm routinely handles cases like:
- Speeding tickets
- Move Over Law violations (VTL §1144-a)
- Cell phone and texting tickets
- Failure to yield and following too closely charges
Charged With a Traffic Violation in Upstate or Downstate New York?
Don’t just pay the ticket. You may have a strong legal defense.
Our attorneys fight for drivers across Suffolk, Nassau, Schoharie, Clinton, and beyond.
📞 Call us today at (631) 724-5251
📱 Text us at (631) 562-5429
🌐 www.arpinopc.com
📍 Offices in Hauppauge, New York — serving clients statewide.