At Arpino Law, we continue to fight—and win—for New York drivers across the state. In a recent victory in Smithville Town Court (Chenango County), our office secured a dismissal of a “Leaving the Scene of a Property Damage Accident” charge (VTL §600[1][a]) after filing a motion to dismiss for the prosecution’s failure to comply with procedural requirements.
The Background
Our client was charged with leaving the scene of a property damage accident following an incident in Smithville Flats, NY, on July 10, 2025. The trooper issued the ticket at the roadside but did not provide a supporting deposition, which is required when a simplified traffic information is used.
After confirming that no deposition had been filed with the court or served on our office, we submitted a written motion to dismiss under CPL §§ 100.25(2), 100.40(2), and 170.30(1)(a). The law is clear, when a defendant timely requests a supporting deposition, the officer must serve it within 30 days. If not, the accusatory instrument becomes facially insufficient and must be dismissed.
Our Legal Argument
We cited long-standing precedent from the New York Court of Appeals, including People v. Nuccio, 78 NY2d 102 (1991), which held that the failure to serve a supporting deposition renders the simplified traffic information defective on its face and subject to dismissal.
We further relied on People v Key, 45 NY2d 111 (1978), and People v Ortreger, 56 Misc 3d 140(A) (App Term 2017), emphasizing that procedural safeguards under the Criminal Procedure Law are not technicalities, they are essential to due process.
The Result
The Smithville Town Court granted our motion and dismissed the case in full.
Result: Case Dismissed: No Fine, No Points, No Record.
This outcome reinforces the principle that every traffic charge must comply with the strict procedural standards of New York law. When the prosecution or police fail to meet their obligations, dismissal is not just possible, it’s required.
Why This Matters
A “Leaving the Scene” ticket is one of the most serious non-criminal traffic offenses in New York. It can lead to:
- 5 driver’s license points
- Fines and surcharges
- Possible license suspension
- Higher insurance premiums
Our office’s careful attention to procedural detail protected our client from those consequences and resulted in a total dismissal.
Charged with Leaving the Scene or Another Traffic Violation in New York?
Don’t plead guilty before consulting an experienced traffic defense lawyer. Even seemingly small procedural errors can lead to a dismissal.
📞 Call us today at (631) 724-5251
🌐 www.arpinopc.com
📍 Offices in Hauppauge, serving clients across Suffolk, Nassau, Chenango, and all of New York State.