At Arpino Law, we take every traffic case seriously—because even a single ticket can lead to fines, points, and higher insurance premiums. In a recent case in Vestal Town Court (Broome County), our firm successfully secured a dismissal of a “Following Too Closely” (VTL §1129[a]) ticket after filing a motion to dismiss for facial insufficiency.
The Background
Our client was charged with Following Too Closely after a minor rear-end accident on State Route 434 in Vestal, New York. The officer did not personally witness the alleged infraction but issued the ticket based on secondhand information.
We reviewed the case materials and identified that the supporting deposition lacked essential factual details—including how close the vehicles were, the road or traffic conditions, and the basis for the officer’s “information and belief.” Without these specifics, the accusatory instrument failed to establish reasonable cause that an offense occurred.
The Legal Argument
Under New York’s Criminal Procedure Law (CPL §§ 100.25, 100.40, and 170.35), a simplified traffic information must contain nonconclusory factual allegations supporting every element of the charge. When the officer relies on “information and belief,” they must also specify the source of that information.
Our motion argued that because the officer:
- Did not witness the alleged offense,
- Failed to state the source of their information, and
- Provided only conclusory statements (“failed to follow at a safe distance”),
…the ticket was facially insufficient and could not proceed to trial.
The Result
The Vestal Town Court agreed and dismissed the charge in full, finding that the simplified traffic information did not meet the legal standard required to establish a valid prosecution.
Result: Case Dismissed – No Fine, No Points, No Record.
Why It Matters
This victory highlights the importance of procedural precision in traffic cases. A missing fact or improperly drafted supporting deposition can mean the difference between a conviction and a dismissal.
At Arpino Law, we routinely achieve results like this across Broome, Suffolk, Nassau, and Clinton Counties by carefully scrutinizing every ticket for legal deficiencies.
Charged With a Traffic Violation in New York?
Don’t plead guilty before reviewing your options. Even a “minor” traffic ticket can be dismissed if the paperwork isn’t legally sufficient.
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🌐 www.arpinopc.com
📍 Serving clients throughout New York — including Vestal, Binghamton, and Broome County.