At Arpino Law, we don’t just review traffic tickets—we challenge them. In a recent victory in Lewis Town Court (Essex County), our firm secured a complete dismissal of a lane violation charge following a motor vehicle accident by identifying a critical procedural defect.
This result was achieved by David A. Arpino, Esq., who successfully litigated the motion to dismiss on behalf of the client.
The Charge Following an Accident
Our client was issued a ticket for Lane Violation (VTL §1128[a]) after a motor vehicle accident. In many cases, when police respond to an accident scene, a ticket is issued based on initial observations or statements.
A conviction for this charge can result in:
- Points on your driver’s license
- Fines and surcharges
- Increased insurance premiums
- Potential liability implications tied to the accident
Because of this, tickets issued after accidents can carry even greater consequences than routine traffic stops.
The Legal Issue: Defective Service of Supporting Deposition
After requesting a supporting deposition, the court initially indicated that the prosecution had proof it was mailed. However, upon closer review, we identified a critical issue:
The supporting deposition was sent to the wrong address, including:
- The wrong state (New Jersey instead of New York)
- An incorrect zip code
As we argued in our motion, service by mail is only valid if it is properly addressed in a way reasonably calculated to reach counsel. Because it was not, service was defective and did not comply with CPL § 100.25(2).
The Result
After reviewing the defense submission, the court ultimately agreed and issued a written decision:
All charges were dismissed in full.
Final Outcome:
- ✅ Ticket dismissed
- ✅ No points
- ✅ No fines
- ✅ Driving record protected
Why This Matters
This case highlights two important points:
- Tickets issued after accidents are not automatic convictions.
- Procedural mistakes by the prosecution can lead to full dismissal.
Even where an accident occurs, the prosecution must still follow strict legal requirements. When they don’t, dismissal is required under the law.
Charged After an Accident? We Can Help.
If you’ve received a traffic ticket following a motor vehicle accident, don’t assume the outcome is predetermined.
At Arpino Law, we analyze every case for legal defects and fight to protect your record.
📞 Call (631) 724-5251
🌐 www.arpinopc.com
Serving clients throughout Essex County and across New York State.