We are committed to defending our clients against all types of traffic charges, and we recently secured another important win. Our client, a commercial trucker, was charged with failing to enter a truck inspection station in violation of Transportation Law 140 2CII. Thanks to our proactive legal strategy, the case was dismissed in Groveland Town Court.
The Case Background
On November 25, 2024, our client was cited for allegedly failing to enter a required truck inspection area while traveling on I-390 in Livingston County. Recognizing the significance of proper legal procedure, we immediately filed a written demand for a supporting deposition under CPL 100.25(2). This document, which the prosecution is required to provide upon request, details the basis for the charge and is essential for ensuring a fair defense.
Legal Strategy and Motion to Dismiss
Despite our timely request on December 12, 2024, the supporting deposition was never filed with the court. By January 15, 2025, the Groveland Town Court Clerk confirmed that the issuing officer had failed to comply with the request. Under New York law, failure to provide a supporting deposition in a timely manner constitutes grounds for dismissal.
We promptly filed a motion to dismiss based on this procedural failure, arguing that our client’s due process rights were compromised. On March 19, 2025, Groveland Town Justice Sarah C. Driscoll granted our motion, and the charge against the commercial driver was dismissed.
Why This Matters
This case highlights the importance of legal procedure in traffic enforcement cases. Without a supporting deposition, the prosecution lacks a crucial piece of evidence necessary to sustain the charge. At Arpino Law, we meticulously analyze every case to ensure that our clients’ rights are upheld and that the prosecution meets its burden of proof.
If you or someone you know has been cited for a traffic violation, don’t just accept the charge—fight it. Contact us today to discuss your options and let us put our legal expertise to work for you.