As traffic attorneys, we recently secured a dismissal of a stop sign violation on behalf of a client in Huntington Bay Village Court, thanks to a procedural flaw that is easy to overlook.
🚦 The Facts
Our client was issued a stop sign ticket. In response, we filed a timely request for a supporting deposition. The officer did submit the deposition—but failed to file an affidavit of service with the court.
At the court appearance, I cited People v. Wagschal, 59 Misc 3d 29 (App. Term 2d Dept. 2018), arguing that the failure to prove service of the deposition rendered the prosecution’s case defective. The prosecutor agreed, and the court dismissed the ticket.
📚 Legal Note: People v. Wagschal
In Wagschal, the court held that when a defendant makes a valid request for a supporting deposition, the People must not only provide it, but also demonstrate proper service—typically via an affidavit. Failure to do so deprives the court of jurisdiction to proceed with the case. This decision reinforces that even technical requirements, if not met, can result in a dismissal.
⚖️ Tips for Fighting a Traffic Ticket
- Request a Supporting Deposition
Always file a timely written request—it forces the officer to provide more detail and opens the door to procedural defenses. - Check for Proof of Service
Don’t assume the officer filed everything correctly. Lack of an affidavit of service can be fatal to the prosecution. - Know Your Case Law
Decisions like Wagschal can be powerful tools if you know when and how to use them. - Show Up Prepared
Bring printed case law, copies of your correspondence, and be ready to make a clear, concise argument. - Hire a Lawyer
Traffic law can be deceptively technical. A skilled attorney can spot issues that can lead to dismissal—even before the hearing starts.
Even something as seemingly minor as an affidavit of service can make or break a case. That’s why attention to detail, good timing, and a solid understanding of the law are key—especially in local courts like Huntington Bay Village Court.
Need help fighting a ticket? Reach out—sometimes the best defense is simply knowing the rules better than the other side.