We carefully review every traffic ticket for procedural defects that may result in a dismissal. In a recent victory in Esperance Town Court (Schoharie County), our firm secured the complete dismissal of a safety violation ticket after the issuing officer failed to provide a supporting deposition required by New York law.
This result was achieved by David A. Arpino, Esq., who successfully filed a motion to dismiss on behalf of the client.
The Charge
Our client was issued a ticket for a Transportation Law safety violation in Schoharie County. As is often the case with simplified traffic informations, the motorist exercised his statutory right to request a supporting deposition from the issuing officer.
A supporting deposition is intended to provide the factual basis for the charge and allow the motorist to understand the allegations being made against them.
The Legal Issue
After the request was made, the court issued an order directing the officer to provide a supporting deposition within the time required by law. The court specifically advised that failure to comply could result in dismissal of the charge.
Despite that order, no supporting deposition was served on defense counsel.
Attorney David Arpino filed a motion arguing that under CPL §§ 100.25, 100.40, 170.30, and 170.35, the failure to timely provide a supporting deposition renders the accusatory instrument facially insufficient and requires dismissal. The motion relied on established New York appellate authority, including People v. Nuccio, which holds that a motorist is entitled to dismissal when a requested supporting deposition is not timely provided.
The Result
The court agreed and dismissed the charge.
In its written notice, Esperance Town Court advised that all charges pending against the client were dismissed because the supporting deposition was not supplied as requested.
Final Outcome
✅ Ticket dismissed
✅ No conviction
✅ No fines
✅ No points or penalties associated with the charge
Why This Matters
Many drivers assume that traffic tickets cannot be challenged successfully. In reality, New York law provides important procedural protections for motorists.
When an officer fails to provide a supporting deposition after a timely request, the prosecution may lose its ability to proceed with the case. This is why it is important to have an attorney who understands both the Vehicle and Traffic Law and the Criminal Procedure Law.
Received a Traffic Ticket in Schoharie County or Anywhere in New York?
Don’t assume you have to plead guilty.
The attorneys at Arnold A. Arpino & Associates, P.C. regularly defend motorists throughout New York State and have obtained dismissals in courts across the state.
📞 Call (631) 724-5251