At Arnold A. Arpino & Associates, P.C., we don’t just show up in court — we fight to make sure every charge is legally sound. In a recent Clinton County traffic case, we successfully secured a dismissal of a “Move Over Law” ticket (VTL §1144-a[a]) after filing a motion challenging the sufficiency of the supporting deposition.
The Charge
Our client was ticketed in Chazy Town Court for allegedly failing to move over for a police vehicle stopped on the shoulder of Interstate 87. The officer’s supporting deposition claimed the client “failed to move over” but omitted a key statutory element — the specific color of the emergency lights that were displayed.
That detail matters. Under New York’s Vehicle and Traffic Law §1144-a(a), a violation occurs only when the stopped emergency vehicle is displaying red, blue, or red-and-blue lights. The statute doesn’t apply to vehicles showing amber, yellow, or other lights.
Our Motion
We filed a motion to dismiss arguing that:
- The supporting deposition failed to establish an essential element of the offense — namely, that the emergency vehicle displayed the statutorily required color lights.
- Without that factual allegation, the accusatory instrument was facially insufficient under NY Criminal Procedure Law §§ 100.25, 100.40(2), and 170.35(1)(a).
- Simply saying “emergency lights were activated” isn’t enough to show a violation of the Move Over Law.
The Result
The Court granted our motion and dismissed the ticket in full. The judge agreed that the supporting deposition lacked a necessary factual element to support the charge, making the case legally defective.
Why It Matters
This decision reinforces a key point we emphasize to every client — details matter in traffic defense. Every traffic ticket is a legal document that must satisfy specific statutory requirements. If a ticket or supporting deposition fails to include necessary facts, dismissal is not only possible but required.
Charged with a traffic violation in New York? Let us review your case.
We analyze every ticket for legal sufficiency and procedural errors — and when the law isn’t followed, we take action.
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