At Arpino Law, we fight every traffic ticket with the same dedication as a criminal case—because even a minor violation can carry major consequences. In a recent win in Peru Town Court (Clinton County), our office successfully obtained the dismissal of a “Failure to Exercise Due Care to Avoid Colliding with a Hazard Vehicle” (VTL §1144-a[b]) ticket after filing a motion to dismiss for facial insufficiency.
The Background
Our client was ticketed on I-87 in Peru, New York, for allegedly violating the state’s Move Over Law. The ticket claimed the driver failed to exercise due care around a hazard vehicle, but the supporting deposition lacked the facts necessary to establish a violation.
The officer’s deposition merely restated the charge and failed to describe key details such as:
- What type of hazard vehicle was involved;
- Whether it displayed the required color emergency lights;
- What the client’s vehicle actually did (or failed to do).
Without those facts, the accusatory instrument did not provide reasonable cause to believe any violation occurred.
Our Motion and Legal Argument
We filed a motion under CPL §§ 100.25, 100.40(2), 170.30(1)(a), and 170.35(1)(a), arguing that:
- A supporting deposition must contain non-conclusory factual allegations of an evidentiary nature;
- Mere repetition of statutory language is not enough to support a conviction (People v Kalin, 12 NY3d 225 [2009]);
- The absence of specific facts rendered the complaint jurisdictionally defective.
The Clinton County District Attorney’s Office agreed, filing a written response stating that it did not oppose dismissal.
The Result
The court granted the motion and dismissed the charge in its entirety.
Result: Case Dismissed — No Fine, No Points, No Record.
Why It Matters
This victory demonstrates how procedural accuracy matters in every traffic case. Even a seemingly routine ticket can be dismissed if the paperwork doesn’t meet the law’s evidentiary standards.
At Arpino Law we use the Criminal Procedure Law to protect our clients’ rights and ensure law enforcement follows proper procedures.
Charged with a Traffic Violation Anywhere in New York?
Don’t plead guilty without reviewing your options. Our experienced attorneys handle Move Over Law, speeding, and unsafe driving cases statewide—and we know how to get results.
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