At Arpino Law, every traffic ticket is an opportunity to defend our clients’ rights and hold the prosecution to the law’s exact standards. In a recent victory in Guilderland Town Court (Albany County), our firm secured the dismissal of a “Following Too Closely” charge (VTL §1129[a]) after filing a motion to dismiss for failure to provide a supporting deposition.
The Background
Our client was charged under New York’s “Following Too Closely” statute after a routine traffic stop. At the roadside, the officer issued a simplified traffic information but did not provide a supporting deposition — the written statement explaining the factual basis of the charge.
As required under CPL §100.25(2), once a timely written request for a supporting deposition is made, the officer has 30 days to file and serve it. When no deposition was provided to our office or filed with the court, we moved for dismissal on statutory grounds.
The Legal Argument
Our motion cited established New York precedent, including People v. Nuccio, 78 NY2d 102 (1991), which holds that when a supporting deposition is not timely served, the simplified traffic information is jurisdictionally defective.
We also referenced People v. Key, 45 NY2d 111 (1978), emphasizing that procedural rules like CPL §§100.25 and 100.40 are not technicalities—they are the foundation of a valid prosecution. Without a properly served deposition, there was no legally sufficient complaint for the court to act upon.
The Result
The Guilderland Town Court granted our motion and dismissed the charge in full.
Result: Case dismissed — no fine, no points, no conviction.
This win reinforces that procedural precision matters in New York traffic defense. Even minor paperwork omissions can, and often do, lead to dismissals when the law is applied correctly.
Why It Matters
A “Following Too Closely” conviction carries 4 points on your license and can trigger insurance increases or suspension for repeat violations. Our firm routinely identifies procedural defects that result in full dismissals before trial, saving clients time, money, and their driving records.
Charged with a Traffic Violation in Albany County or Anywhere in New York?
Don’t plead guilty without reviewing your options.
At Arpino Law, we carefully examine every detail of your case to protect your license and your record.
📞 Call us today at (631) 724-5251
🌐 www.arpinopc.com